Intellectual property has always played a growing role in today’s technology-driven world. Patents are a valuable asset to any firm. As a result, an organization’s creative strength may be judged by its patenting operations. The corporation is increasingly challenged regarding the number of patents and the quality of patents. A patent is granted after a lengthy procedure that includes many tests on the invention’s uniqueness, non-obviousness, and industrial usefulness.
Step 1: Create your invention
The invention is the initial step for an innovator who wants to proceed with their creation, getting critical to get as much information as possible. Some essential questions that the inventor should consider are: what is the field of the alteration, what is the profit, and how will it aid improve currently existing solutions? Not all inventions qualify for patent protection. Section 3 of the Patents Act identifies the subject matter.
Step 2: Patent Investigation and Drafting
Following clarification of the invention, the inventor must do a patentability search which is the better half since it will aid in resolving whether the vision is new or not. The Patents Act requires that all innovations fulfill the novelty requirement. After a thorough search and preparation, one must consider a patentability report and opinion. The patentability search determines the nearest potential previous arts.
Step 3: Submitting a Patent Application
The actual procedure begins with submitting a Patent Application. After preparing the patent application may be filed with the government patent office using the Form 1 application form, creating a receipt with the patent application number. Under Form 2, one can also file a provisional patent application if the innovation is still in its early stages. The advantage of filing a transitional application is that it allows you to obtain a previous date of filing, which is essential in the patent industry. In addition, one has 12 months to file the entire specification. One must utilize the Form 28 application to file for patents for start-ups and small businesses.
Step 4: Application Publication
From filing the whole specification, the application is published 18 months after the filing date. There are no particular essentials for posting from the applicant. If the competitor does not wish to wait 18 months, they can file Form 9 with the specified costs to request early publication. The patent exercise is published one month after the request for an early announcement.
Step 5: Submit a Request for Examination
Unlike publication, the examination is not automatic, and the applicant must request that the patent office study the patent application. Under Form 18, one must file a typical request 48 months after applying. Upon receiving such a request, the regulator assigns the application to a patent examiner, who examines it using various patentability criteria, such as novelty, non-obviousness, inventive step, and suitability for industrial application, and provides the applicant with the First Examination Report (FER).
Step 6: Respond to the Objections
The applicant must react to the patent office’s complaint through the First Examination Report. The applicant is required to respond in writing to the objection expressed in the examination report. The applicant can demonstrate the invention’s patentability and attempt to dismiss the whole complaint cited. Depending on the circumstances, one may even require physical hearings or video conferencing.
Step 7: Patent Grant
After resolving any objections, the application is submitted for a grant once it is determined to fulfill all patentability conditions, and lastly, the applicant would be given the patent. The issuance of a patent is announced in the patent journal, which is published regularly.
Resource:
https://www.uspto.gov/patents/basics/patent-process-overview#step1
https://economictimes.indiatimes.com/news/how-to/how-to-go-about-patent-filing-in-india-all-you-need-to-know/articleshow/86417211.cms
https://iptse.com/how-to-file-patents-understanding-the-patent-process-in-india/
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