Searching for patent:
Prior to registering any intellectual property right, such as trademark, design, or copyright registration, it is advisable to conduct a search of the public database. A patent search will help the Inventor or Patent Attorney determine the novelty of the patent and its obviousness. Also, a patent search will help discover inventions that are already registered, helping the inventor better draft the patent application or extend the scope of innovation to distinguish from existing inventions.
Patent Filing:
Once a patent search is completed, the patent application must be drafted by the inventor or a patent attorney. The patent application must be a specification, a legal document with scientific information constituting patent rights. Specifications play a major role in the patent application process and must be drafted by an experienced patent attorney. The details of the invention must be clearly mentioned, along with various features of the invention.
Patent specifications are of two types-
- provisional specification and
- complete specification
Publication of Patent:
If the patent application is acceptable after it is filed, it is published in the patent journal. Patent applications will not be published for 18 months from the date of filing or from the date of priority of the application, whichever is earlier. However, if the patent applicant wishes to speed up the process, Form-9 can be filed to request publication as soon as possible.
Patent Examination:
After patent publication, a request for patent examination must be filed within 48 months of the date of filing the patent application or the date of priority of the application, whichever is earlier. On request for examination, the patent application will be examined by an Examiner. The examiner will determine if the patent application satisfies the novelty, inventive step, and other criteria established for granting patent registration.
Patent Registration:
On submission of a response to a First Examination Report, if the Examiner is satisfied that all criteria for grant of a patent are satisfied, patent registration is granted. The term of validity of the patent will be 20 years from the date of filing of the patent application.
