Main steps involved in Patent registration process in India

1. Understanding invention and crystallizing core or crux to be aligned for patenting.
2. Prior art search to know the state of art at that time and confirming features of invention that bear novelty, inventive step and utility
3. Drafting a Patent Application
4. Filing the patent application is the first step for patent registration
5. Patent office then publishes the complete patent specification (after eighteen months from the priority date). Provisions exist for a request for early publication, which can be made whereby publication may happen within one month of such request.
6. Patent Application examination by the patent office. It s not automatic and request (Form -18) has to be filed within 48 months from the earlier date of priority and filing of the application.
7. Examination of the application is done based on the date of filing of the request for the examination i.e. earlier the request was made for the examination, earlier in the report issued.
8. Issuance of the first examination report (FER), the application may be put in a condition of allowance within 12 months by waiving the objection and complying with requirements, if any.
9. Response by owner/applicant to the first or subsequent examination reports and hearing notices if any, the controller may grants or rejects the patent application.
10. A patent application may be opposed before and after the grant of the patent. A patent can also be revoked under some circumstances.
11. After the grant of the patent, renewal fees have to be paid to keep the patent in force.
12. An appeal can be made against the decision of the patent office/controller at the respective High Court.

Advantages of Patents

1. Monetization through Licensing :Exclude others from using, selling, offering for sale, importing, or exporting the patented invention within the country.
2. Legal Rights of Monopoly :Provides companies, industries, and inventors a competitive edge over rivals due to exclusive rights.
3. Competitive Advantage :Allows patent owners to sell or license the patent to other entities, facilitating financial gain for researchers who may not market the invention themselves.
4. Attraction of Investments :Increases the likelihood of investments and venture capital interest in patent-protected products or inventions due to the benefits of monopoly.

What an inventor has to do/know before filing a patent application?

1. For discussing your invention with someone, ensure to have sign on an NDA (Non-Disclosure Agreement)(Annexure-NDA).
2. All necessary parts of invention shall be kept secret until the filing date.
3. Discuss with a competent invention field related patent attorney. Not all attorneys or advocates or counsels knows good quality of science and understand the invention.
4. Know the patent application filing process.
5. Understand the costs and value prepositions of invention in advance.
6. Watch the competitors' products, disclosure and patents landscapes.

Draft NDA resource - click here