Innovation leads to progress, be it a massive machine that could revolutionize an industry or something that makes an invention memorable. However, one persistent issue inventors face is when people steal and replicate their innovation, lowering the value of the time and effort they invested into it. With so many great minds coming up with interesting and revolutionizing ideas every day, there must be some way they can protect the fruit of their hard work.

This is where patents come in; patent filing in India allows inventors to protect their innovations from theft or replication. Securing one's intellectual property is vital for individuals and businesses to protect the authenticity of their inventions. However, the patent filing process can be a bit confusing and complex.

Though the process of patent filing seems simple enough to be done alone at home, there are various steps and documents one may miss. Understanding the patent filing process and what mistakes need to be avoided increases the chances of the application getting registered without any hassle.

Before we get to the patent filing process, let's get to know more about patents.

Understanding Patents

A patent is an exclusive legal right granted for an invention. One can patent a product or process they invented to ensure that it is not replicated by another. According to the Patents Act, 1970, ""invention" means a new product or process involving an inventive step and capable of industrial application."

Types of Patents That Can Apply for Patent Filings in India

• Utility Patent: Utility patents cover product, process, or machine-based innovations or inventions. This is one of the most common types of patent filings in India.
• Design Patent: Design patents protect the design of an innovation. Such patents can be useful in making the product stand out. One example of a design patent is the Coca-Cola bottle.
• Plant Patent: Plant patents are meant to protect distinctive new varieties of plants. Organic plants that are mutant, hybrid, and transformation-aware are eligible for patents.

Types of Patents and Applications for Patent Filings in India

• Provisional Patent: It is acquired while the invention is still in process. Once a person has filed for a provisional patent, they are required to finalize their innovation in a year.
• Ordinary/ Non-provisional Patent: This type of patent is acquired when the product is at the final stage and all the steps for innovation are complete. However, this type of patent requires the applicant to file the complete specification of the innovation when they file the application.
• Conventional Application: This type of application is when an applicant has already filed for a patent in another country that has a signatory, treaty, or international agreement with India. In such cases, the applicant has the chance to claim a priority date based on their other application.
• PCT (Patent Cooperation Treaty) International Application: This application allows the applicant to streamline their application to all the signatory countries, allowing their innovation to be patented in all of them.
• PCT National Phase Application: This application indicates that the applicant's PTC application is in a national phase in a country. Once it is in process, the applicant needs to file it within a certain period of time.
• Application for Patent of Addition: Such applications are usually added to a specific patent, such as an ordinary patent, to add the improvements or additions made to the invention to the parent patent.
• Divisional Application: When the applicant has more than one invention they wish to protect, they can opt to divide more than one application from the parent patent.

The Patent Filing Process in India

The process of patent filing can be a bit complex, as many do not understand it. Better understanding can help make the process smoother and hassle-free.

Patent Filing Process Step 1: Conducting a Patent Search

Before rushing to file, the applicant must conduct a thorough patent search. This can be done by looking up the existing patents in the national intellectual property database. This ensures that no similar patents are already registered. Once a patent search is conducted, the applicant can get a better understanding of their invention's patentability.

To make the search easier, applicants could get the help of a patent filing process agent.

Patent Filing Process Step 2: Drafting the Patent Specification

When planning to apply for a patent, the application that is sent in also needs to be good. Let's take a look at what all needs to be included:

• Title of the Invention: The application must have the title of the invention. The title needs to be precise, meaningful, and under 15 words.
• Field of Invention: The application should clearly describe the scope of the invention and its subject matter. A clear application will make it easier for the examiner to understand.
• Background of the Invention: Stating the background of the invention is very crucial in the patent filing process. It describes the work done in the same field as the innovation and the problems people still face.
• Object of the Invention: Once the background of the invention is established, the object of the invention must be stated. The object needs to describe the object of the innovation, for example, if it is a solution to a prominent problem in the field.
• Statement of the Invention: The statement mentioned during the patent filing process needs to describe the features of the invention and explain how the innovation is new to the market.
• Summary of the Invention: Finally, to proceed forward in the patent filing process, the applicant must include a broad overview of the invention. The summary needs to describe the invention overall, such as the purpose, advantages, etc.

If the applicant were to make any errors, then the filing process may face some issues, so it is better to hire a patent filing process agent to help through the process.

Patent Filing Process Step 3: Filing the Patent Application

Applications for patent registration can be made online at the official Indian Patent Office website or at the designated patent offices. There are 4 offices for patent filings in India: Mumbai, Delhi, Chennai, and Kolkata. As these locations are spread throughout the country, the states in the region can file their applications in the office closest to them.

For example, people residing in south India can apply for patent filing in Chennai.

Once the applicants have drafted, reviewed, and finalized their application with the help and approval of the patent filing process agent, they can proceed to the filing process. Depending on the type of patent they want to apply for, they need to follow the specific procedure, get the appropriate forms, and give the required fees. Suppose the process is conducted by a patent filing process agent; power of authority in favour of the said agent is also required.

Patent Filing Process Step 4: Examination Process

Once the application is made, the applicant must file an examination request. Although publication of a patent is automatic, examination cannot be conducted unless the office receives a Request for Examination (RFE). This needs to be done within 48 months of the filing date or priority.

If the applicant fails to meet this deadline, their application is likely to be denied.

After the examination process is completed, the examination report, known as the First Examination Report (FER), is issued to the application. During this step of the patent filing process, some applications might have objections.

Patent Filing Process Step 5: Grant and Publication

If there are no objections against the patent or if the objections have been addressed and resolved by submitting a response with the help of a patent filing process agent, the patent filing process is almost complete. Once the patent is approved, it is prepared for the for the grant. This means the applicant's application has been approved and that the authorities have granted them the authority over their invention.

Suppose the examiner is not satisfied with the applicant's response and arguments, they can reject the application. This highlights the importance of the help and guidance a patent filing process agent can provide the applicant with. If the application has been rejected, the applicant is required to repeat the whole patent filing process again.

Receiving the grant marks the end of the patent filing process; the patent will be registered and visible in the public registry.

Common Mistakes to Avoid During the Process of Patent Filing

Let's take a look at some common mistakes that people make during the patent filing process that can be avoided:

• Failing to Conduct a Patent Search: One of the main causes of rejection people face during the patent filing process is that they fail to conduct a thorough patent search. Failing to conduct a search will leave the applicant unaware if similar patents have already been registered or state how their invention stands out in the crowd.
• Insufficient Description: During the process of patent filing, the applicant is required to attach the details of their product with their application. The description is supposed to have detailed information on how the invention works, the steps on how it is constructed, and what makes the invention stand out among the other patent filings in India. Suppose the submitted application is vague and unclear, it will likely get rejected or will face delays.
• Improper Documents: The official body for patent filings in India has listed the required documents and forms for specific types of patents. According to the patent the applicant wishes to file, they need to look up the required file before they start the patent filing process. Failing to provide the necessary forms and documents can lead to the application being rejected.
• Missing the Deadline: The Indian Patent Office (IPO) has established a specific timeline under which applicants must file for patent filings in India. For example, if the applicant has applied for a provisional patent, they have 1 year to complete and provide the details. Missing these deadlines may delay the patent filing process, or the application might get rejected.
• Not Hiring a Patent Filing Process Agent: The process of patent filing can be complex in India, especially for those who are filing for the first time. Neglecting to hire a patent filing process agent can be a mistake that causes a lot of damage to the applicant. Professional guidance early on can make the process easier and hassle-free.

Conclusion

The process of patent filing in India is a crucial step for inventors to ensure that their innovation is not misused or replicated. Though the process of patent filing seems easy, missing any step can lead to delays and rejection. Given that having a patent application rejected means they will have to re-do the whole patent filing process, it is better to take the right steps early on.

Taking the right steps during the patent filing process ensures that creative ideas receive the protection they deserve, fostering an environment of growth and innovation