Online Patent Registration in India – procedure, advantages, fees,

It is important for any business to get patent for the inventions and protect it getting copied. Generally, any inventions are the result of huge amount of efforts that may involve significant time and money investments. Here you will find all the relevant information about Online Patent Filing including process, advantages, fees and other details.

Meaning of patent filing in India?

The government grants a right to an enterprise or an individual that excludes others from using, making, importing, or selling the products or processes which are patented without prior approval of the person or the individual who has the patent for these.

Filing for the patent in India and the registration of the same in India are the first steps through which an inventor can protect his/her invention from being misused by others. In India patent filing is a complicated process, however, with the proper legal guidance, it becomes easy. Any individual or a business entity who believe that their intellectual properties should be secured should go for patent filing and should get a legal consultation from competent patent filing practitioners. Seedup helps you in filing the patent in India, most simply.

Should I file for a patent in India?

A patent can be filed by any business or an individual who wants to their idea or an invention. That invention can be a new process or a new product.

Benefits of filing a patent in India?

Patent filing has certain benefits in India which are as follows-

  • Patent encourages inventions and innovations. Once the patent is granted to an applicant, he or she gets the exclusive rights of ownership for that invention or the idea.
  • Patent filing in India is important since it restricts others mainly competitors from using, copying, or selling the same idea or the product without prior permission of the patent holder. This way the patent holder can protect his intellectual property rights with the support of the existing laws of the land.
  • Patents are assets of the patent holder and can be sold, transferred, and licensed to other entities like any other form of property.
  • A patented product has more credibility and improves the brand perception which may also enable your business to charge a premium for the product.
  • These patent rights give control to the patent holder for using the invention for twenty years or longer.

What is the procedure for obtaining a patent in India?

You can obtain a patent with the help of Seedup in simple steps.

For registration of a patent in India, one must submit the specific forms at the patent office. If the applicant owns a Class 3 digital certificate, he can easily submit it online using the link though In the case of an online application the patent office charges an additional 10% as the fee which is valid for 20 years from the date of filing of the patent application.

Offices for patent filing are in four major metros i.e. Delhi, Mumbai, Chennai, and Kolkata. The applicant needs to file for the patent at the concerned office as per his/her locality.

The step-by-step process of getting the patent on your idea, invention, or intellectual property is given below-

Step 1: Patent Search in India

For getting a patent registration in India successfully, the applicant needs to ensure that the invention or the idea is unique. For this, a patent search is carried out that helps the applicant in ensuring that the same is not already registered by someone else. This search also helps in avoiding lengthy official procedures. The applicant can search himself or can take expert’s professional help.

If the applicant finds that a similar patent has already been registered he can skip the below-mentioned steps.

Step 2: Patent application filing in India:

For patent filing in India is one of the most crucial aspect to be considered in the preparation of the specifications of the patent. The process of drafting a patent specification is a specialized task that can be performed by experienced professionals only in the best possible way.

Ideation: First, the applicant needs to pen down the idea or the concept clearly, mentioning the main details of the invention and the desired patent.

Graphic Visualisation: Secondly the applicant needs to visualise the idea and its elements in the form of diagrams, graphs, etc that gives a further explanation about the invention.

Verification and Patentability Search: Now it needs to be verified whether the invention is patentable or not as per provisions mentioned in the Indian Patent Act. The idea or the invention must meet the patentability criterion such as:

  • Novelty
  • Non-obviousness/Uniqueness
  • Usefulness
  • Patentable subject matter

 

Since the drafting of a patent application is complicated it is advisable to seek the help of a patent professional. If the inventor is in the initial stages of the research and development process, then a provisional patent application should be filed.

Step 3: Patentability report

There are authorized patent professionals or agents who do extensive research and prepare the patentability report containing various analyses based upon the above-mentioned criteria. The applicant should attach all the specified documents along with the patent application and must check all the documents thoroughly before submission so that any rejection is avoided.

Step 4: Publication of patent application in India

After acceptance of the application, within 18 months the same is published in the Patent Journal. A request for the early publication of the patent application can also be by paying a prescribed fee.

Publication of Filed Patent in India

For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.

The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.

The patent publication date is important since the applicant has the right to protect his work legally and for that patent can be published in advance. The applicant can do so by formally requesting the same. The patent application can be published within 1 month of the formal request.

Step 5: Examination of the Patent in India

Now a formal request for the examination of the patent needs to be submitted within 48 months from the date of filing of the patent application be it provisional or complete patent application. If the applicant fails to do so within the given time the application is treated as withdrawn by the patent office. After the request is made the examiner releases the first examination report known as patent prosecution after conducting a comprehensive investigation.

Step 6: Patent objections in India

A patent applicant in India may receive objections, like “invention lacking novelty”, “inconsistent or unclear claims” etc. Hence, it becomes mandatory to properly analyse the patent examination report and submit the response accordingly.

Step 7: Grant of patent in India

Once all the requirements of patentability are fulfilled, the notification is published in the Patent Journal to grant the patent.

Making money by patenting the invention in India?

By obtaining a patent, the inventor can not only protect patent rights but can also make money from the patient by either licensing or selling the patent.

Licensing of a Patent in India:

The owner of the patent in India can give a license of his idea to another person and assign patent rights to the licensee to further manufacture or sell the patented invention. The patent holder can also control the patent rights. Such a license agreement includes an upfront payment and a royalty thereon. The royalty is termed as some percentage of the revenue that is earned from selling the licensed product over some time.

Selling of a Patent in India:

The patent owner can sell the patent to anyone within the country. This means, if the invention has been patented in India, the patent owner can sell the patent within India. while selling a patent, the patent owner usually demands a lump-sum payment for the patent. It frees the patent owner from requirements of maintaining the patent which may include periodic renewal fees, litigation fees, etc. Most importantly, the patent owner does not have to worry about future economic recession or competition, if any.

Why A Patent Attorney/Agent is important?

Meaning of Patent Lawyer:

Often the terms “patent lawyer” or “patent agent” are taken as the same but in some instances both are different. Patent lawyers are qualified professionals to provide legal advice on infringement, intellectual property and represent others in a court of law and for this, they are also registered with the bar. A patent agent generally gives technical advice and holds a degree in engineering, science, and technology, etc.

Meaning of Licensed Patent Agents in India:

Before initiating a patent filing, it is highly recommended to consult a licensed patent agent. A licensed patent agent is registered before the Indian Patent Office. Patent agents help in filling out the required forms, liaisoning with the patent office, filing patent applications, and following up with issues arising during the process of filing the patent. To become a patent agent, One must be an Indian citizen, above 21 years of age and must have passed the patent agent examination.

A patent examiner is the one who sends the list of rejections and if a need arises to modify the patent application, the patent agent addresses the issue and argues against the rejection.

Although as per the patent law it is not mandatory to take the assistance of a patent lawyer or a patent agent, it is highly recommended to hire such professionals for the following reasons:

  • Patent documentation in India is a complex activity. Technical expertise and legal knowledge are must to draft and file the application.
  • In some countries, it’s legally binding that the applicant needs to be represented by a lawyer or an agent if the applicant belongs to another country or his principal place of business is in some other country.

As per Indian Patents Act, 1970, a patent agent can:

  • Practice before the Controller.
  • Prepare documentation, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act.

Is the provisional patent application in India a better idea before filing the main patent application?

A provisional patent application secures the work from the given date. It means that once an applicant has filed the provisional patent application his competitors can’t file for a similar invention.

  • As the first-to-file system is followed in India, it helps the applicant to be granted the permanent patent of the provisional patent.
  • After filing the provisional patent the applicant gets a buffer time of 12 months to complete details of further development of the invention. Though the application gets expired after 12 months of applying.
  • The cost incurred and resources put in for provisional patent application is lesser than the permanent patent.
  • The provisional specification can help the applicant to assess the further market potential of the invention before going for the final plunge and filing for complete specification.
  • Once the applicant is through with R&D and the invention’s details are ready, the applicant can apply for a complete patent application.

How can Seedup help an applicant in filing the Patent application in India?

Seedup can assist you, in applying for the patent. The applicant can file applications for both provisional and permanent patent through us.

Examination of Details

Seedup will examine all the details, including the potential use of the invention across various industries and the benefits over other existing products.

Application Drafting

Seedup will recommend a verified patent lawyer who will assist the applicant in drafting the application as per the details provided.

Application Filing for Patent in India

Seedup will help in filing the documents with the Registrar. On acceptance thereon; the applicant will be able to use the word ‘Patent Pending’ on the product any time during the next 12 months. The applicant can also check the patent application status on Seedup’s user-friendly online portal.

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