File a Patent in India - An Overview
A patent is a right granted to an individual or enterprise by the government that excludes others from making, using,
selling or importing the patented product or process without prior approval.
Patent filing is the first step an inventor takes to protect his/her invention from being misused.
Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance it can be done easily.
Any business entity or an individual who believes in securing their patent, which is one of the intellectual properties
should get legal consultation from expert Patent Practitioners. Vakilsearch helps you with the simplest way to file a patent.
Why filing a Patent in India? - Benefits
Patent in India is a form of encouragement for innovations and inventions, and once a patent applicant files for it he
or she becomes the exclusive owner of the invention if the patent is granted.
For patent filing in India, you must submit some forms at the patent office. If you own a digital certificate of Class 3,
you can easily submit it online using the link http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin".
In the case of online applications, the patent office will be charging an additional 10% fee.
How to get a Patent in India? – A detailed patent filing process
Patents can be secured by following the below-mentioned steps
The procedure for the grant of the patent begins with the
Licensed Patent agent in India
Before going for a patent filing in India, it is highly recommended to consider a licensed patent agent.
A licensed patent agent in India is an individual registered for practicing before the Indian Patent Office.
Patent agents will help in filling out the necessary forms, contacting the patent office, prosecuting patent applications,
and in following up with any issues that arise during the filing of patent. To become a patent agent, the individual should
be a citizen of India above 21 years of age and must have cleared the patent agent examination.
Common types of patent applications in India
ordinary application: An ordinary application is filed without claiming
priority from any application or any reference to any other application under process in the Indian patent
office. It is important to note that the filing date and the priority date are the same. An ordinary application
is filed along with a complete specification and claims.
Trademark symbols and their usages
ou get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.
FAQs on Permanent Patent
A patentable invention can be any (1) Art, process, method or
manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by
manufacturing, (4) Computer software with technical application to industry or used with Hardware,
and (5) Product patent for food, chemicals, medicines and drugs
20 years from the date of filing for a
provisional or permanent patent, the patent falls into the public domain.
A provisional patent gives the applicant protection for one year.
The details of the invention have to be submitted in a
CD or pen drive mentioning the name, comparison with existing products, uses and date
of publication (if any). The applicant information should also be provided
A patentee is expected to disclose the invention in
the patent document for anyone to practice it after the expiry of the patent
or practice it with the consent of the patent holder during the life of the patent.
Filing an application in India enables the applicant to file
a corresponding application for the same invention in convention countries, within or
before the expiry of twelve months from the filing date in India. Therefore, separate
patents should be obtained in each country where the applicant requires the protection
of his invention in those countries. There is no patent valid worldwide.
