According to World Intellectual Property Organization (WIPO), a patent is an exclusive right for an innovation, whether a product or a process. Framing a patent application is crucial in obtaining a patent for innovation. Nevertheless, it can be challenging to draft a patent application, and it takes skills and knowledge to document your idea in a patent application properly.
PATHtoIP® provides deep IP & technology expertise in drafting a patent application and filing.
Indian Patent Act, 1970
Patents are one type of Intellectual Property Right. Section 10 of the act says that the “content of specification” applies to both a provisional application and a complete specification.
According to Section 10, each patent application submitted in India must begin with a title that clearly describes the Invention and contains a description and drawing corresponding to the patent specification. A model or sample that will serve as an illustration of the Invention if a controller requests it in any particular case.
Parts of Patent Specification
- Title
- Field of Invention
- Background of Invention
- Statement and Objective of the Invention
- Statement of Invention
- Brief Summary of the Invention
- Brief description of drawing
- A detailed description of the Invention
- Claims
- Abstract
- Drawings
- Sequence Listing
Drafting of the Patent Application
Novelty
Checking to see if your Invention is actually patentable is the first step in the patent-writing process. A thorough patentability search will be necessary to ascertain whether you have any prospect of obtaining the patent.
Filling out the patent drafting application
Once you are done with the application stage, you must fill out Form 1 (the Indian Patent Application Form) along with Form 2 (the Patent Specification Form) and submit them. You need to submit either a provisional or a full patent application, depending on which Indian state you are located in.
Filling out the necessary forms
Other important forms must be filed with your patent application in addition to the aforementioned.
- Forms 1 and 2: Whether you are applying for a patent in India as an Indian resident, applying for an international patent, or whether you are a foreign applicant in India for the grant of a patent in India.
- Form 3: Statement of Undertaking Regarding a Foreign Application Section 8 talks about Form 3, which is required when you have filed a similar patent application in a foreign country.
- Form 5: Declaration of Invention. This form has to be submitted with the complete patent application.
- Form 26: For authorising a patent lawyer, an agent, or a professional. You have to fill out this form only when you choose to seek professional help in the patent drafting process.
- Form 28: Small entities and startups You must submit this if you are a small entity or a startup.
- Priority document: If you are entering India and want to claim priority for your patent from a foreign application, you must provide a few documents. For instance, you would need documents stating that you have filed for a patent in one or more foreign countries.
Filing of the Patent Application
A patent application can be filed either online or offline at the local patent office, depending upon the jurisdiction:
Filing of Patent Application
Physical Filling includes:
- List of documents.
- Application for grant or patent in From 1 in duplicate (Section 7, 54, &135 and Rule 20(1)).
- Provisional or complete specifications in Form 2 in duplicate (Section 10, Rule 13); comprising of:
- Description
- Claims
- Drawings
- Abstract
Provisional Application
When an invention is still in the research and development stage, inventors frequently choose to submit it under a provisional application. A brief explanation of the innovation is provided in the specification document. But within a year of submitting the provisional application.
Complete Application
An applicant may submit a complete application when filing for a patent that he/she is in possession of the finished inventions.
Publication
A patent application gets published automatically in the official journal after the expiration of 18 months from the date of filing or the priority date of the application.
Opposition if Any
Any third party may submit pre-grant objections once the patent application has been filed. In comparison, a post-grant opposition must be submitted within 12 months of the patent’s issuance by only an interested.
A patent office does not charge a fee for filing a pre-grant opposition, but the fees will apply to post-grant opposition.
Request for Examination
An examination request must be submitted by the applicant after filing a patent application. Form 18 can be used to submit this request, and the controller will send the application to the patent examiner for additional review.
Generally speaking, the request for inspection must be made by the applicant 48 months after the application’s filing date or priority date.
Examination Process
The applicant is required to respond to any object raised in the First Examination Report (FER) within six months of the examination reports date once the examination of the patent application has been completed and objections have been created.
According to sections 9, 10, 57, and 59 of the Patent Act of 1970, which outline the format-related requirements of the specifications, drawings, and other enclosures of the Patent Application, FER may also include some objections.
Grant of Patent
Finally, the patent office awards the payment and publishes it in the patent gazette once the patent application successfully overcomes all objections. The patent office notifies applicants when their applications have been accepted. A grant certificate is sent via email within seven days after approval. And it lasts for a maximum of 20 years.
You have a Renewal of Patent. The patent renewal is paid after the expiration of a second year of the patent or any succeeding year to keep the payment in force.
Why PATHtoIP® for Patent Drafting and Filing?
PATHtoIP® is the most trusted intellectual property (IP) firm for patent drafting and filing. PATHtoIP® has an experienced and highly qualified team for patents and has various IP categories that have served thousands of patent searches for their clients.
A patent specification, especially claims, plays an essential role in defining the scope and extent to protect their invention. Thus we have well-versed experts in patent laws and help you through filing and drafting patent application that determines the potential of your invention. The quality of the filed patent application, specifically its prosecution before the patent office, determines the patent’s strength for each step.
We have refined and catered for the needs of startups, businesses, innovations and individual inventors.
We at PATHtoIP® have a highly-qualified patent attorney who works closely with these clients to devise appropriate patent drafting and filing strategies based on their needs.