Navigating through the intricacies of patent laws can be a daunting task. To simplify it, this article aims to demystify the three types of patents and provide a comprehensive guide on applying for a patent through Lawgical India. Let's get started.
Checking The Patentability: Your First Step
Before you begin your patent application, it is essential to check the patentability of your invention. By performing a detailed patentability search, you can determine whether a patent for it will be available or not. This step, while not mandatory, is highly recommended as it prevents the wastage of resources on ideas that have already been patented. You can conduct the patentability search here.
Drafting the Patent Application: All You Need to Know
Once your patentability search is complete, it's time to begin patent filing. The next step involves the drafting of a patent application. To apply for a patent, one must prepare an application form in Form 1.
Each patent application needs to be supported by a patent specification. This is prepared in form 2, where one has to give the complete or provisional specification depending upon the state of the invention. If it's partially completed, a provisional application is filed, following which you get a 12-month window to finalize the invention and submit the complete application.
The patent draft, another crucial document, must also be submitted when applying for a patent. This draft is of significant importance as the patent office uses it to decide whether a patent should be granted.
Patent Filing Process
Now that we have comprehended the patentability search and drafting of the patent application, let's dive deeper into India's actual patent filing process.
Application for Grant of Patent: Start your journey by filling out Form 1. This is the official document you need to apply for a patent in India.
Provisional/Complete Specification: Next, you need to submit Form 2, which includes either a provisional or complete specification, depending on the stage of your invention.
Statement and Undertaking under Section 8: If you have already filed a patent application in a country other than India, you need to fill out Form 3.
Declaration as to Inventorship: To declare the inventor(s) of the patent, you need to submit Form 5.
Forms Submitted Only by Start-Ups and Small Entities: If you are a start-up or a small entity, you are required to submit Form 28.
Publication of Patent Application
The patent application you filed with the Indian office will be published in the official journal. This typically happens 18 months after filing the application. If you want to get your patent application published earlier, you can make a request in Form 9 for early publication. However, if there's a restriction placed by the Indian patent act about the publishing of the patent, your patent application will not be published in the journal.
Examining the Patent Application
Every patent application undergoes an examination before the patent is finally granted. You need to request an examination by filling out Form 18. The sooner you request an examination, the earlier your application will be examined.
Post your request, and the patent application is transferred to the patent officer, who ensures that the application is according to the patent act and rules. The officer conducts a thorough search, analyzing the relevant technology in depth. Any objections are communicated, and the report issued at this stage is called the First Examination Report(FER).
The Three Types Of Patents
Having understood how to apply for a patent and the key stages of the patent filing process, it's now time to dive deeper into the specific types of patents in India. This categorization is based on the nature and stage of the invention. Each type presents a unique path and strategic choice in your patent journey.
Ordinary Patent Application
Ordinary patent applications are the primary forms of patent applications filed in India. These applications can be submitted with either provisional or full specifications. What sets them apart from other patents is that they do not claim a preference from any other application.
The specification accompanying the application is a technical disclosure statement that allows an average skilled person to execute the invention. It begins with the name of the invention, encompasses the area of invention, state of the art, the purpose of the invention, an overview, a comprehensive description of the invention, drawings, and statements, followed by an abstract of the invention. If you have filed a provisional application, you must submit the full specification within 12 months.
Convention Patent Application
The Convention Patent Application is filed when you are claiming priority from a similar application filed in one of the convention countries. This patent application must be filed with a complete specification within 12 months from the specific date.
PCT National Phase Patent Application
In line with the Patent Cooperation Treaty(PCT), the PCT National Phase Patent Application must be filed in India within 31 months of the priority date. It requires a complete English translation after filing a PCT application at WIPO.
The Two Faces of Patent Applications
As an inventor looking to apply for a patent, you should be aware of two key types of patent applications:
Provisional Patents: This is an excellent choice for inventors who wish to change their invention while it is still in development. After filing a provisional patent application, you get a year to fine-tune your idea before turning the provisional patent into a full patent application.
Complete Patent: If your invention is fully developed and ready to be patented, you should submit a complete patent application.
While the patent filing process may appear daunting, you don't have to go it alone. Whether you're filing an ordinary convention, or a PCT National Phase Patent Application, partnering with the right experts can make a significant difference. At Lawgical India, we've mastered the art of guiding inventors through the patent journey. Our expertise lies in simplifying complex legal processes, and they have a robust track record of helping inventors secure their intellectual property rights. With our deep knowledge and understanding of patent laws, we ensure your journey to applying for a patent is smooth. So why wait? Take your innovative ideas to new heights with Lawgical India, your trusted ally in the patent filing process.
FAQs
Q: How much does applying for a patent in India cost?
A: The cost of applying for a patent in India can differ widely, depending on several factors, such as the type of patent, attorney fees, and the like. Lawgical India can provide a more detailed breakdown and assist in planning for these costs.
Q: Can a single invention be covered by more than one type of patent application?
A: Yes, an invention can be covered by multiple patent applications depending on its nature and the strategy of the inventor.
Q: Is it mandatory to have a complete invention before I apply for a patent?
A: No, it's not mandatory. If your invention is still in the development stage, you can file a provisional patent application, which allows you a 12-month period to finalize the invention before filing a complete patent application.
Q: Why is the publication of the patent application important?
A: Publication of a patent application is crucial as it places the invention in the public domain, which can serve as a deterrent for others seeking to patent a similar invention. Lawgical India can guide you through the nuances of publication and its strategic implications.
