A patent can be filed by any individual or business that wants to protect an invention or an idea. An invention can be a new product or a new process.

Patent filing or patent registration 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 his patent, which is one of the intellectual properties, should get a legal consultation from expert patent practitioners. Vakilsearch helps you with the simplest way to file a patent.

A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval.

Certain benefits of filing a patent in India are as follows-

What is the procedure to obtain a patent in India? You can obtain it with the help of Vakilsearch in 3 simple steps, mentioned above For patent registration in India, you must submit the specified forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online using the link

In the case of online applications, the patent office will be charging an additional 10% as the fee. It is valid for 20 years from the date of application of the patent.

Offices for patent filing in India are spread across major cities like Mumbai, Chennai, Kolkata, and Delhi. You need to file your patent at the concerned patent offices in your locality.

The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below-

Step 1: Patent Search For a successful patent registration, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.

You may skip the below-mentioned steps if you come across a similar patent registered already.

Step 2: Filing a patent application: For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of drafting a patent specification is a specialized task that can be done best by experienced professionals only.

Ideation: Here, you need to pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.

Visualisation: Visualise your idea and elements in the form of diagrams that explain more about the invention.

Verification and Patentability Search: The next step is to verify whether your invention is patentable as per provisions mentioned in the Indian Patent Act. Your ideas/inventions must meet the patentability requirements such as:

Novelty

Non-obviousness

Usefulness

Patentable subject matter

Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called the provisional patent application.

Step 3: Preparation of a patentability report Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.

Step 4: Publication of patent application The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee.

Publication of Filed Patent For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.

The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.

To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request.

The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.

Step 5: Patent Examination There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.

Step 6: Patent objections It is common for patent applicants to receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.