How can I submit an application for an Indian patent online?

 

An application must be submitted to the patent office in order to register a Patent in India. Additionally, the applicant must follow a detailed, step-by-step method for registering a patent in India. Let's quickly review the idea of a patent before continuing. The Indian Patent Act of 1970 governs the type of intellectual property right known as a patent, which is given to the genuine inventor, their assignee, or a legal agent in order to protect their idea.

The person who filed the application first will receive the Patent Registration since the patent register is awarded on the basis of first to file. Anyone who is an Indian citizen or an entity may submit an application for patent registration. As long as he has a service address in India, a foreign national may also submit an application for the registration of a patent there. The application for the patent register must be submitted to the Patent Office, Government of India, in the appropriate form and with the required government fees. We'll look at how to register a Patent Online in India in this article.

Online patent registration in India

1)Documents gathering: The applicant must gather the Documents Required for Patent Register in India before beginning the Patent Registration Process. They should also get advice from a patent attorney on this matter.

2)Patent Search: The applicant must first carry out a thorough patent search before the process of patent registration in India can begin. The inventor will be able to determine that his invention is novel and not obvious through the patent search. The inventor will also be able to check the patents that have previously been registered thanks to a patent search.

3) Filling out an application: Filling out an application for the patent register is possible in two ways: provisionally and Final Patent Application(definitively). We have covered both of these application categories below. -

3.A) Final Patent application's preparation: An application for patent registration must be developed following a thorough search of the online database accessible through the online patent. The legal document that includes all of the technical details regarding the innovation is the patent application. Because the specifications listed on the patent register play a significant role in its registration, it is crucial that the patent application be drafted with the utmost care.

3.B) Provisional specifications: These are an option provided to the inventor for protecting the invention when it has not yet reached the final stage but is still in a presentable state. A succinct explanation of the invention must be provided in this application. Securing the priority date for the patent registration is the primary goal of filing a provisional patent application. However, it's crucial to remember that the final application must be submitted within a year of the provisional application.

4)Final specifications: This is the legal beginning of the Patent Registration Process. The complete information about the invention, such as the applicant's name, address, and nationality; the invention's field; its intended use; any prior art; the issue that the invention is intended to address; its goals; a general statement of the invention; a detailed description of the invention; and an abstract, etc.

5)Publication of the patent application: If the submitted application complies with the patent's rules and regulations, it will then proceed to the next step of processing before being published in the journal. But it will take 18 months from the moment the provisional patent application was filed before it can be published in a journal. It should be highlighted that form 9 can be used by the applicant to request an expedited patent registration process.

6) Examining the patent application: A request for the patent emanation must be submitted within 48 months after the filing of the patent application. The patent controller will examine the same patent application that was filed after receiving the request. It will be examined to see if the invention met the three requirements of novelty, creativity, and application.

7)Registration of Patents: If the examiner is pleased with the submitted patent application, he or she will approve it and issue a certificate of registration.

Patenting an Idea

Ø  Create a rough draught of your idea on paper to ensure that it is presentable if you have one. To that aim, take a piece of paper and write down your concept as thoroughly as you can. This essay will include topics including the invention's geographic area and its intended use. The idea's description, its utility, and its benefits.

Ø  Don't forget to include the sketches and drawings that go along with the idea. For example, while it may be difficult to express something in words, you must make sure that the sketches and drawings that go along with the idea are equally relevant.

Ø  Verify the invention's subject matter and then run a patent search to determine whether the concept you're pushing is even patentable.

Ø  4Ensure that your invention satisfies all requirements and that your patent adheres to the principles of novelty, creativity, non-obviousness, industrial application, and enablement.

Ø  Create a patent request that Depending on where your invention is in the process, you can choose between submitting a provisional application or a full application. If you are still in the beginning stages, you should go the provisional path. If your idea has developed into a full-fledged innovation, you should do the entire application route.

Ø  If the application is free of mistakes and the invention qualifies for patentability, the patent will be granted for your creation and then pay for the services you desire after completing the aforementioned steps to register a patent.

Conclusion

You can also patent an idea if you can capture it on paper and demonstrate that it has the potential to develop into a fully functional invention. But this situation also qualifies for a design patent. Additionally, there are expenses related to the entire process. This blog will therefore concentrate on answering your questions on how to register a Patent Online in India and the prerequisites for patenting your ideas. You can also seek assistance from our staff at  Applytrademark.co.in for any technical support you may need.