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Patent in India
Step by step easy to understand Guideline on
Patent procedure
time line and
cost of getting patent in India
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Video: Patent procedure, time line and costing a short introduction (14 minutes)
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You would be amazed to find out the value added by a professional patent agent
or patent attorney when working on your idea and filing patent.
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Honestly saying, there are some inventors who have written their patents on their
own, with unbelievable quality of balancing technical and legal aspects of patent,
that it astonishes even experienced patent professionals. But this is rare case,
more often than not people need professional help since patent is not only a
technical document... it is a techno - legal document. Having an experienced
patent professional (patent agent) guiding you through the process of getting
your invention patented can make a large impact to an extent of patent granted
or patent rejected.
Step 1: Write down the invention (idea or concept) with as much details as
possible
Collect all the information about your invention such as:
Area of invention
Description of the invention what it does
How does it work
Advantages of the invention
Ideally, if you have worked on the invention during research and development
phase you should have something call lab record duly signed with date by you and
respective authority.
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The drawings and diagrams should be designed so as to explain the working of the
invention in better way with visual illustrations. They play an important role in
patent application.
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The patentability report and opinion helps you decide whether to go ahead with
the patent or not, chances are what you thought as novel might already been
patented or know to public in some form of information. Hence this reports saves
lots of time, efforts and cost of the inventor by helping him decide whether to go
ahead with the patent filing process or not.
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Up on filing the complete specification along with application for patent, the
application is published after 18 months of first filing.
An early publication request can be made along with prescribed fees if you do not
wish to wait till the expiry of 18 months from the date of filing for publishing your
patent application.
Generally the patent application is published within a month form request form
early publication.
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The application would be placed in order for grant once it is found to be meeting
all patentability requirements. The grant of patent is notified in the patent journal
which is published time to time.
Get Free preliminary guidance about your patent requirement reach patent
experts agent and companies here
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2)
5)
Being owner of the patent you have rights to block others from
a)
making,
b)
using,
c)
d)
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It can tell you what part of your invention is already covered and what
could be novelty feature...
it can tell you where you can focus you research work to get maximum
level of protection with you patent
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Filing of the patent application should be the first priority at any stage of your
research and development, even before you publish the invention and or disclose
it in a speaking or to a group of people. Filing patent in India should be taken at
priority to obtain appropriate protection for your research work.
However, There are instances where you need to disclose the invention before
applying for patent like, discussing with patent professionals, supervisors,
partners, technical assistants etc. Or when you are doing initial analysis of
commercial worth of the invention before applying for patent, In such instances
you need to protect the confidentiality of it by way of signing a Non disclosure
agreement (NDA) by parties to whom you are disclosing the invention.
The best thing to do would be filing a provisional application if you are at early
stage in research and development. This provisional specification discloses the
nature of the invention.
This document helps in securing date of application even if you are not
completely ready with the invention to be protected. You get 12 months of time
to file complete specification and decide whether or not to go ahead with entire
procedure for applying for patent, which is time consuming and costly.
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If you could not file the patent application on time, or delayed the step to apply
for patent, following things may happen;
Other inventors doing research work in same field of your invent may file
the application for patent (in India it is first to file system) then you will lose
the opportunity.
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And if you are too late, chances are you would lose the priority or even invention
since someone else come up with same patent application before you file one.
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Still you can secure the date of priority (which is very important) by going for
provisional specification while applying for patent
In case you are at very early stage in the research and development for your
invention, then you can go for provisional patent application. It gives following
benefits:
Low cost
After filing provisional application, you secure the filing date which is very crucial
in patent world. You get 12 months of time to come up with the complete
specification, up on expiry of 12 months your patent application will be
abandoned.
When you complete the required documents and your research work is at level
where you can have prototype and experimental results to prove your inventive
step you can file complete specification.
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Filing the provisional specification is the optional step, if you are at the stage
where you have complete information about your invention then you can directly
go for complete specification.
A provisional specification is not a rough draft; it defines the field of invention and
also defines the scope of the invention to certain extent. Even if you file complete
specification later it does not replace the provisional specification, it still remains
in the record.
The patent office accords the filing date and patent application number to the
provisional specification received.
If the complete specification is not filed within 12 months from the filing date of
provisional specification, the patent application is treated as deemed to have
been abandoned.
Contents of Provisional Specification
1. Title of the invention
2. Description of the invention starts with preamble The following
Specification describes the invention.
3. The description contains
1. The field of invention and containing the background of the
invention,
2. Object of the invention and statement of the invention.
Claims may not be part of the Provisional Specification
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How can I find out whether my invention is patentable? This is probably the first
question that may arise in your mind if you are looking to get protection for your
research and development (invention). so lets see how to patent an idea in India
5 things that decide whether your invention can be patented in India:
1. Invention should be Patentable subject matter
2. It should be Novel
3. It should be Non-obvious (inventive-step)
4. Invention should have Industrial application
5. And it should be enabling
Lets discuss all 5 criterias one by one
Invention should be patentable subject matter:
Patent act in India has specified certain subject matters are not eligible for getting
patent in india. Some of these areas are;
Inventions related to atomic energy
abstract ideas
laws of nature or anything contrary to well established natural laws
physical phenomenon
discovery of any living thing or non living substance
2016 Patent in India website http://patentinindia.com/
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properly covering the scope of the protection. And all the efforts you took for
research and development can go waste.
Hence, right patent professional (patent agent) with appropriate experience can
remarkably add value to patent application.
Patent agent provides maximum possible protection for your invention since
the drafting of patent is done from technical as well as legal perspective.
Following things will be considered by patent agent while drafting patent:
The claims written in such a way that they provide maximum protection
All possible embodiments and variants are covered
Each claim is supported by description in specification
Use of specific words in description and claims that has specific meaning in
patent law
Use of specific language while drafting patent application is required
Inventors who are not experienced in patent law can make some mistakes in
drafting patent specification and may face rejection for failing to comply with
the requirements set by patent law. In this case all efforts by inventor in research
and development may go waste.
How much does getting a patent in India costs? There is no precise and
accurate answer to this question as cost for a obtaining patent is dependent on
multiple factors... What best we can have is range for costs involved in...
2016 Patent in India website http://patentinindia.com/
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There are two elements for cost of getting patent / filing patent in India:
1. The Government fees for Forms, requests and renewals.
2. Professional Charges for patent professional, patent agent / attorney
Government fees too, are different for an individual inventor and a company. and
fees for patent application also defers based on number of claims and pages in
the specification. So, a lot of factors need to be considered when talking about
costs involved in getting patent.
to get quick understanding, watch this short and informative video we created
on Patent procedure, time line and costing (14 minutes)
Yet to give you an idea, the cost to file a patent is approximately Rs. 45,000 to
65,000. This is assuming that you have hired a patent (agent) professional for
patent research, writing and filing patent application for your invention.
This cost requires in stages as your invention proceeds from Novelty Search
(about Rs. 15000), Patent drafting and filing in India (about Rs. 30,000) and after
1 to 2 years for responding to office actions if any objections are taken by
controller in examination report on application about your invention, such
response to office actions typically requires (about Rs. 15000).
Note: these costs are mentioned are exemplary and may vary with respect to
patent professionals and companies.
The link below is the fees structure mentioned at the patent office website in
India. http://ipindia.nic.in/ipr/patent/patent_formsfees/Fees.pdf
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If you are filing patent on your own, without help from patent agent, then it can
cost much lesser as only fees you are paying is government fees for patent filing
and prosecution.
Here is how you will need charges as per stages in patent filing. We are assuming
you have hired a patent professional in helping you with patent filing, which is
recommended and makes this all patenting efforts worthwhile with his
experience and expertise in techno-legal writing.
Stage 1: invention disclosure
This is initial phase when you disclose your invention to the patent professional
(patent agent) by signing a Non disclosure agreement. Here you should submit
each know fact about your invention, description diagrams and experimental
results (if any). Hold nothing back.
Stage 2: Novelty search (patentability search)
The professional charges at this phase range from (Rs 10,000 to Rs.20,000 )
In this phase, patent professional performed an extensive search for prior art in
all possible databases for patent, articles, thesis etc... And builds a patentability
search report based on closest prior art found for your invention.
Stage 3: Decide to file patent application
On reviewing the patentability search report and discovered closest prior arts for
your invention you can take a decision whether to go ahead with patent
application filing.
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Your invention needs to have inventive step as compared with existing prior art
to be able to qualify for a patent. The inventive step is achieved when your
invention has either technical advance or economic significance or both over
existing prior arts.
When you decide to go ahead with patent filing next step is writing patent
application also called as patent drafting.
Stage 4: Patent drafting (patent writing)
Patent drafting charges range from Rs. 20,000 to 30,000 (professional fees)
Drafting a patent application is a specialized job and requires both technical (field
of invention) and legal (Indian patent act) understanding.
As you may have heard, patent is a techno-legal document. Many inventors trying
to write patent application on their own writes it from completely technical
perspective. Writing patent application as a technical document without
considering legal aspect may be a mistake which can make your application not
worth a lot. And all the efforts you took for research and development can go
waste.
Hence, right patent professional (patent agent) with appropriate experience can
remarkably add value to patent application.
Stage 5: Filing Patent application
Patent filing involves patent office fees as explained in table below
When you done with the review of patent drafted and satisfied with the scope
and technical details in the patent application, you can file the patent application
2016 Patent in India website http://patentinindia.com/
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is prescribed manner. That is with appropriate forms with appropriate fees. You
need to pay fees of Rs. 1600 or 4000 0r 8000 (based on type of applicant) while
submitting the patent application in patent office.
If you do not file request for early publication (fees mentioned in table below) the
patent application will be published on expiry of 18 months.
Stage 6: Request for Examination
Request for examination fees is Rs. 4000 or 10000 or 20000 (based on type of
applicant)
The request for examination is to be made within 48 months from the date of
filing the patent application, along with prescribed form and fees. This is the
request made to Indian patent office to examine you patent application.
Stage 7: Responding to objections in examination report
The first examination report submitted to controller by examiner generally
contains prior arts (existing documents before the date of filing) which are similar
to the claimed invention, and same is reported to patent applicant.
Step 8: respond to objections
Majority of patent applicants will receive some type of objections based on
examination report. The best thing to do it analyze the examination report along
with patent professional (patent agent) and creating a response to the objections
raised in the examination report.
This is a chance for an inventor to communicate his novelty or inventive step over
prior arts found in the examination report. The inventor and patent agent create
2016 Patent in India website http://patentinindia.com/
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and send a response to the examination that tries to prove to controller that his
invention is indeed patentable and satisfies all patentability criterias.
Step 9: Grant of patent
The application would be placed in order for grant once it is found to be meeting
all patentability requirements. The grant of patent is notified in the patent journal
which is published time to time.
Stage 10: Renewal of Patent fees
Maintaining patent for its entire life time that is 20 years from filing date requires
renewal fees to be paid to patent office as mentioned in link here
http://ipindia.nic.in/ipr/patent/patent_formsfees/Renewal_of_Patent.pdf
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No Description
Natural
Person
person (companies)
(Individual
Small
Other than
inventors)
Entity
small entity
Comment
1600
4000
8000
Mandatory
2500
6250
12500
Optional
4000
10000
20000
Mandatory
160/sheet
400/sheet
800/sheet
Mandatory
320/claim
800/claim
1600/claim
Mandatory
patent application
4
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No Description
Other than
small entity
4000
8000
1600
6250
12500
2500
10000
20000
4000
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application
4
400/sheet
800/sheet
160/sheet
800/claim
1600/claim
320/claim
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PCT route: you can file an application under the PCT, directly or within the 12month period provided for by the Paris Convention from the filing date of a first
application, which is valid in all Contracting States of the PCT and, therefore,
PCT filing is much simpler, easier and more cost-effective than both, direct or
Paris route filings.
The patent cooperation treaty (PCT)
The PCT is an international treaty with more than 145 Contracting States. The PCT
makes it possible to seek patent protection for an invention simultaneously in a
large number of countries by filing a single international patent application
instead of filing several separate national or regional patent applications. The
granting of patents remains under the control of the national or regional patent
Offices in what is called the national phase.
It is a multilateral treaty entered into force in 1978. Through PCT, an inventor of a
member country (Contracting state of PCT can simultaneously obtain priority for
his / her Invention in all/ any of the member countries, without having to file a
separate application in the countries of interest , by designating them in the PCT
application .India joined the PCT on December 7, 1998.
PCT is an International treaty, which provides facility to the applicant to file a
single patent application and designate the countries in which he/she wants to
protect his IP rights. Thus a single patent application is filed for the purpose of an
international search report.
A single international patent application has the same effect as national
applications filed in each designated Contracting State of the PCT. However,
under the PCT system, in order to obtain patent protection in the designated
States, a patent shall be granted by each designated State to the claimed
invention contained in the international application.
Filing:
You file an international application with a national or regional patent Office or
WIPO, complying with the PCT formality requirements, in one language, and you
pay one set of fees. International
2016 Patent in India website http://patentinindia.com/
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Search:
an International Searching Authority (ISA identifies the published patent
documents and technical literature (prior art) which may have an influence on
whether your invention is patentable, and establishes a written opinion on your
inventions potential patentability.
International Publication:
as soon as possible after the expiration of 18 months from the earliest filing date,
the content of your international application is disclosed to the world.
Title of Invention
Field of Invention
Background
Summary of Invention
Brief description of drawings
Description of invention
Examples if any
Specific embodiments if any
Abstract
Claims
Drawing / diagram / flow-chat
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You can check some granted patents from website of Indian patent office by
clicking link herehttp://ipindiaonline.gov.in/patentsearch/Search/index.aspx
Types of Patent Application:
There are different types of patent application that can be files based on timing,
desired territory for protection and number of inventions.
Types of Patent Application are:
Ordinary Application
Application for Patent of Addition (granted for Improvement or
Modification of the already patented invention, for an unexpired term
of the main patent)
Divisional Application (in case of plurality of inventions disclosed in the
main application)
Convention application, claiming priority date on the basis of filing in
Convention Countries
National Phase Application under PCT
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In other words, there has to be a commercial demand for the invention that you
are patenting, there need to be companies, businesses using this invention and
paying you royalties, there has to be opportunity where companies could buy out
your patent (if you wish to sell of course). And this all has to be though through
before taking big financial decisions and filing patent application.
A patent rarely has any value if the commercial worth of the product or
technology cannot be demonstrated and exploited.
This has been the reason for failure for many patentable inventions as the
inventor of the patented invention was unable to exploit them commercially. The
commercial exploitation of patent requires skills and if the inventor does not
possess the required marketing and business management skills for exploiting the
patent, then it would be good idea to bring this talent by having someone with
these skills to your team.
In general there 2 ways you can earn money from patent:
1. Licensing (royalty payments)
2. Selling the patent
Done right, the commercialization of in demand patent can bring substantial
money to the paten owner.
The general approach is to
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How would you feel, if someone else is misusing your business name?
Or You found out that the name that you are using for your business is
actually registered with some other company
Even worst You work on your business for so many years to build brand
and loyalty in clients mind and you found out you are infringing a already
registered trademark of someone and you can not use that name for your
business here after !!! such a loss of time, efforts and costs
Would you like to avoid such devastating scenarios that can hurt your
businesses image and all the hard work you put going waste? Then you need to
look at protecting your business name, identity, brand, logo, image etc. This is
achieved by registering Trademark for your business.
A registered trademark is an important asset for a business used to protect the
company's investment in the brand or symbol.
If properly used and promoted, a Trademark becomes the most valuable asset of
a business. hence Trademark registration india
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Example of trademarks: Coca cola and Pepsi are two trademarks from same
industry (beverages) which distinctly identifies source or origin of the goods as
well as an indication of quality.
Trademarks in India are registered by the Controller General of Patents Designs
and Trademarks, Ministry of Commerce and Industry, Government of India.
Trademarks are registered under the Trademark Act, 1999 and provide the
trademark owner the right to sue for damages when infringements of trademarks
occur.
However, any trademark, which is identical or deceptively similar to an existing
registered trademark or trademark for which application for registration has been
made, cannot be registered. Also trademark that would likely cause deception or
confusion or is offensive may not be registered.
Who can apply for trademark?
Any person which can be individual, company, proprietor or legal entity claiming
to be owner of the trademark can apply. The application for trademark can be
filed within few days and you can start using TM symbol. And the time required
for trademark registry to complete formalities is 8 to 24 months. You may use the
(Registered symbol) next to your trademark once your trademark is registered
and registration certificate is issued. Once registered a trademark is valid for 10
years from the date of filing, which can be renewed time to time.
functions of a trade mark are:
1. It identifies the service or product and its source
2. It guarantees its quality
2016 Patent in India website http://patentinindia.com/
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Applicant details like name, address and nationality and for company: the
state of incorporation
Date of first use of the trademark in India, if used by you prior to applying.
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already registered under that particular class. There are two kinds of search:
online and offline. It is recommended that you get both the searches done. Once
found to be unique you can proceed to the next step:
Step 2: create trademark application
(time required: 2-3 days)
Based on the results of the search conducted, the trademark attorney will draft
trademark application, provided that your business name / logo found to be
unique. If someone already has the same or similar trademark, you need to
change yours. Or if you are of opinion that the trademark is rightfully yours and
you are using it since long time even before other party trademark registration.
You can start using symbol as soon as you file the form of trademark
application.
Step 3: trademark registration
(time 18 to 24 months) Cost: Government fees is Rs. 4000/- and trademark
attorney professional fees is Rs. 3000/- per application per class
The Trade marks office will first check your application to see if it's already
been taken. If it has, a trademark objection will be raised.
If it has no objection, it makes an advertisement in the Trade Marks
Journal.
If there is no opposition from other businesses in the next four months,
your trademark is registered around six months later.
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3. Depending upon the results of the search, the trademark attorney will draft
your trademark application. In case someone already has the same or
similar trademark, you may have to change yours.
4. The trademark attorney will file your trademark application with the
Trademark Office and send you the receipt.
5. After a few days, the trademark attorney will send you the Original
Representation Sheet of your trademark as it has been filed with the
Trademark Office.
6. It can take anywhere between 18 months to 2 years for the Trademark
Office to decide whether or not to grant you the trademark; if there are
objections from the trademark office or from anyone else, it may take
longer. And your trademark is published in the Trademark Journal.
Why you need to consider registering trademark for your business
The trademark would be important asset for your business and contributes
to the goodwill generated.
With registered trademark you can stop others from using your
trademarked business name / logo etc with regards to goods or services it
is registered
Trademark can considered just like any other form of asset like real estate,
as it can be sold, licensed or assigned
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For more questions and information or for trademark search, filing, opposition
and registering trademark in India click my trademark requirement .
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Attachments link:
https://drive.google.com/folderview?id=0B_Sx96QNKLeSmwwV2Myc3RnOUk&usp=sharing
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Email: contact@patentinindia.com
http://patentinindia.com
Patent in India Platform
Pune office:
305, Shubhashree Society, Sr. No. 78/6 Opp. Kalamkar TVS showroom, Near
Balewadi Phata, Baner Road, Pune-411045 Maharashtra, India.
New Delhi Office:
E-13, UPSIDC, Site-IV, Behind-Grand Venice,
Kasna Road, Greater Noida 201310, UP,
National Capital Region, India.
Bangalore Office:
A-001, Nitesh Central Park, Opp. Astrazeneca Factory,
Near Bagalur Crossing, Off Bellary Road,
Bengaluru-560064 Karnataka,India.
Mumbai Office:
FA27, Lake City Center, Kapurbavdi Circle,
Thane (W), Greater Mumbai - 400607
Maharashtra, India.
Prasad Karhad
Registered Patent Agent India at link to Profile
Registered Patent Agent India (IN/PA 2352) with bachelors degree in electronics
and telecommunication engineering.
Working in patents and IPR field since 10 years. associated with leading
Intellectual Property firm in India called Khurana & Khurana, Advocates and IP
2016 Patent in India website http://patentinindia.com/
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Attorneys (K&K).
With team of 65+ Intellectual property (IP) professionals including patent agents,
trademark agents and attorneys and offices at Delhi, Mumbai, Pune and
Bangalore, Successfully helping inventors and businesses in securing their
Intellectual Property Rights (IPR) including Patents, Trademarks, Designs &
Copyrights along with Contract & Commercial Matters.
with more than 9000 visitors every month, Patent in India platform continues to
be leading patent consulting platform in India.
Recommended reading:
Provisional patent application is used when the inventor is not ready with the
invention completely and it provides about 12 months of time to complete the
work on invention however you can secure your idea with Indian Patent Office, as
you get receipt from government (patent office) with application number, title of
invention and date of filing. in this way you secure your idea and keep working on
it without any limitation. To know more about how you can protect your
invention even when you are not completely ready with it read this expert article
on when should I consider filing patent in India?
http://patentinindia.com/consider-filing-patent-india/
Cost of patent registration in India
how to patent an idea in India
patent registration in India
how to get patent in India
how to apply for patent in India
Cost required for getting patent
Do I have invention that can win patent
Why should I patent my invention
2016 Patent in India website http://patentinindia.com/
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