How to obtain patent in India?

If you are an inventor or budding inventor, you might be having lot of questions
in your mind before marketing your invention, such as how to obtain patent for
my invention? Is my invention patentable? Can I file patent by myself? etc. There
are certain basic guidelines are already known to the patent practitioners to help
the inventors.

First ask yourself, am I having properly documented/recorded details of my

invention in a record such as such as lab note book? In a lab note book, you
should have all the information relating to your invention such as area of
invention, describing what it is, and how it works, what is the advantage of
invention along with any sketches, drawings or photographs. And more
importantly, you should have dated and signed in all pages of your lab note book
by your authorised/superior personal. This information’s are essential to disclose
invention disclosure to patent attorney/patent agent for obtaining a patent. You
may be thrilled to reveal your invention to your friend or third party, but be aware
that you should have proper legal instruments such as non-disclosure agreement,
before disclosing the invention.

The second step would be to test the invention is patentable or not. All the
inventions may not be eligible for patenting. For example, the inventions
pertaining to the area of agriculture, horticulture, process for medical treatments,
plants, animals, business methods, algorithms, mathematical method, mental act,
traditional knowledge and atomic energy listed in section 3 under Indian patent
act, are not patentable in India. In addition to the above list, software inventions

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area are sensitive topic of discussion, more particularly computer program per
se is not patentable in India. However, some other jurisdiction, the software
inventions are patentable, where as I have discussed in my previous post about
the Patents for Software in Europe patent office (EPO).

Apart from the non-patentable inventions, the invention has to satisfy the
patentability requirements such as novelty, non-obvious and industrial application,
which was discussed in details how to file patent in India. Patentability opinions
can be obtained from a person those who specialize in obtaining and enforcing
patents for inventors. Get signed in non-disclosure agreement with that person,
before disclosing the invention for performing the Patent search to know the
patentability of invention.

From the analysis of patentability, you will be in a position to decide whether to

protect the invention under the patent or not. If the invention is not patentable,
you may drop to proceed to obtain the patent, otherwise the next step would be
drafting the patent application for the invention. The patent application has to be
written in specified manner before filing the patent application in Indian patent
office. In case your invention is maturing stage, you have the option to file
the provisional patent application, and after that you can file the complete patent
specification within 12 months from the date of filing of provisional application.

After filing your patent application, the patent application is published after 18
months from the date of first filing. If you would like to expedite your patent
protection, place a request for early publication and the application will be
ordinarily published within a month from the date of request. Next step would be

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TeleFax No: 080-42173649, Email: contact@intepat.com Web: www.intepat.com
filing a request for examination and the controller assigns the patent application to
a patent examiner to scrutinize your invention to verify the invention matter is
patentable or not. During the patent prosecution, the examiner submits the
examination report, in which he may cite the relevant prior art/ patent, which
might negate the claimed invention. The inventor has to analyze the report along
with his patent agent to respond the examination report along with providing
proper reasoning about his invention for patentable. After meeting the objection
raised by the examiner, the application would be placed order for grant and the
grant will be notified in Patent journal.

Please contact us at contact@intepat.com, in case any queries.

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TeleFax No: 080-42173649, Email: contact@intepat.com Web: www.intepat.com