Protect your invention typically in 10 days
Provisional Patent Rs. 19,999 Onwards
Permanent Patent Rs. 34,999 Onwards
Register Patent in India
Register Patent in India
Procedure for patent registration in India
Types of patent applications in India
- Ordinary application: This kind of application is administered out when there aren’t any application or reference to some other application under process within the Indian Patent office. The priority date and filing date are the equivalents for conventional applications.
- Conventional application: If an innovator has just filed a patent in another nation and now wants to do likewise, at that point this comes under the conventional application. It is compulsory to file the appliance for Indian patent within a year (12 months) of first filing it.
- PCT International application: PCT International application allows you to file the patent application in different nations and you can file it in up to 142 countries. It could take between 30-31 months from the universal filing date to enter and guarantee safety in each country.
- PCT National phase application: You can file this application within 31 months from the global filing date.
What Is Included In Our Package?
Prior Art Search
This required step, in case you haven’t done so. Previously, we jump on the way to how to complete the patent registration process, you should know whether a patent is going to be available for it or not. For this, you need to go to www.legalraahi.com/patent-search. This necessary step, in the event that you haven’t done as such.
Drafting of Patent Application
- After the patentability search, the innovator ought to set up an application in Form 1.
- Then, you have to attach patent detail with every application. This is done in Form 2, where the complete or provisional specification is referenced relying upon the condition of development. In the event that it is a provisional specification, then a time period of 12 months is given for one to finish the invention and file the entire application.
- At long last, you have to submit in your patent draft. Based on this draft, the patent office will decide whether the patent could be allowed or not.
Filing the patent application
Step 1: For an application for grant of patent use form 1.
Step 2: For provisional/complete determination use form 2.
Step 3: For explanation and undertaking under section 8 (utilized when a patent application is already filed in a country other than India), use form 3.
Step 4: For declaration as to inventorship, use form 5
Step 5: For start-ups and small entities, use form 28.
- Ideation: At this progression, the designer is required to pen down the thought or idea and appropriately notice the key insights regarding the creation that should be protected.
- Visualization: Create a visual description of your thought in the form of diagrams that clarify progressively about the innovation.
Publication of patent application
The application filed with the patent office will be distributed in the official patent diary. This is done within 18 months of the filing of the patent. The inventor can utilize form 9 for early publication. In the event that, there is some limitation set by the Indian Patent Act concerning the publishing of the patent, it will not be published in the journal
The examination process is done before the patent is allowed and the application for examination has to be made in form 18. This procedure should not be deferred, as it is first started first serve premise. After this application is filed, it is given to the patent official who verifies every condition as indicated by the patent rules and regulation. If there are any issues that need to be addressed then, it will be communicated.
On the off chance that there are any issues that should be tended to, at that point, it will be conveyed
Issuance of Examination report
After the exhaustive search is conducted, at that point the First Examination Report (FER) is filed in this case
Grant of Patent
After the Patent Officer recognizes the fulfillment of complaints raised, at that point the patent is allowed
We at LegalRaahi, charge the following for patent registration:
- Rs.19,999 onwards for a provisional patent
- Rs.35,999 onwards for permanent patent
Requirements of Getting a Patent in India
The accompanying prerequisites are important to get your invention patented in India:
- Patentable subject matter: According to the Patents Act, section 3 and 4 carries the list of non-patentable topic. Your creation should not fall under this list.
- Inventive or non-obviousness: The topic you wish to get patented should not be clear to specialists in the field. That is, it should be technologically advanced or economically gainful to be patented.
- Novelty: The invention should be new and creative. Thus, it should not be utilized in the public domain or somewhere around the world.
- Industrial applicability: Finally, this invention should be handy and usable in the industries or public domain.
Advantages of Patent Registration
- It keeps the competitors at bay, as you have all the rights reserved to yourself.
- Moreover, it increases your business revenues as it enables the patent holder to charge a premium for the invention.
- These patents are just like other forms of property. Hence, it is possible to license or sell them.
- It makes it easier to raise capital for your business if you are ready to sell or license the patent that you possess.
- The credibility of the inventor will go up after the patent registration is done.
- The selling of the idea outright will bring in much advantage to the inventor. It only brings royalty of 5% or less, but it is highly advantageous to people who have the idea but don’t have enough money to bring the invention to the market themselves.