Procedure for filing of Patent Application in India
The process of filing of Patent Application in India, couple of forms (Form-1, Form-2, Form-3, and Form-5) has to be submitted to the patent office, and it declared innovative R&D work only.
The Patent Office provides the power to launch a Patent Application online through the native host to the applicant or agent with the applicant through e-filing with the below link:
Alternatively, one can file patent application offline in hard copies to the patent offices located at Delhi, Kolkata, Mumbai, and Chennai. But the patent office charges 10% additional fee should the applications are filed offline. The patent application has to be filed in the suitable office determined by your/your company location.
The patent application needs to be printed in a specified manner before filing the patent application in Indian patent office. In the event that your invention is maturing stage, you have the choice to file the provisional patent application, and after that you can file the complete patent specification within 12 months through the date of filing of a provisional application.
After filing your patent application, the patent application is published after 18 months through the date of first filing. If you wish to expedite your patent protection, place a get early publication in Form-9 and the application form are going to be ordinarily published within 30 days after the date of the request.
The second step would be filing a get examination in form-18 plus the controller assigns the patent application with a patent examiner to scrutinize your invention to substantiate the invention matter is patentable or not. Through the patent prosecution, the examiner submits the examination report, wherein he may cite the relevant prior art/ patent, which might negate the claimed invention. The inventor needs to analyze the are accountable to respond the examination report in conjunction with providing proper reasoning about his invention for patentable. After meeting the objection raised by the examiner, the application form would be placed an order for grant plus the grant is going to be notified in the Patent journal.
An overview of every single aforementioned Form can be as below. :
Form 1-Application for Grant of Patent :
As the name suggests, this manner is a credit card application for grant of a patent in India. In this manner, one must furnish information, just like, name and address from the inventor(s), name and address from the applicant(s), information corresponding to prior patent applications concerning the current invention, which any authorized entity has filed, as well as some declarations, among other information.
Form 2-Provisional/Complete Specification :
Form 2 is helpful to furnish one patent specification. The patent specification may be provisional or a full patent specification depending on the sort of patent application (provisional or complete) the first is filing. Additionally, the volume of sheets and claims (extra fee for longer than 30 sheets and most 10 claims) is going to be counted and the correct fee calculated. While counting the sheets, even here is your chance sheets must be taken into account.
Form 3-Statement and Undertaking Under Section 8 :
Form 3 is helpful to furnish information/actions concerning patent applications filed abroad for your current invention. Further, using form 3 one undertakes that h/she is going to be keeping the patent office informed in writing information regarding corresponding applications for patents filed outside India.
Form 5-Declaration as to Inventorship :
This kind is helpful to declare the inventors from the subject theme sought to get protected while using the current patent application.
Form 9-Request for Publication :
The patent specification is going to be authored by the patent office after 18 months from the priority date (filing of the primary patent application for your current subject matter). But by filing this manner, one can generally the patent specification published within 1 month from filing this form. Note how the patent rights start from the date of publication of the patent application (enforceable only following grant of the patent). Form 18-Request for Study of Application for Patent This kind may be filed within 48 months from the priority date. The patent office will not look at a patent application for examination unless this manner is filed. Hence, for more would like to expedite the patenting process, filing of form 9 and 18 at an early stage is recommended
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