5 Steps to Get a Patent Granted in India:
Step 1: Determine the Marketability of your Invention and Conduct your Own Personal Market Research.
On the off chance that you are hoping to shield your examination or imaginative innovation from being replicated by a contender or some other outsider, you initially need to decide the attractiveness of your creation and conduct your surveying. Patent procedure is an expensive undertaking for individual designers, so it is critical for the innovator to make sense of whether potential shoppers will have any enthusiasm for the innovation, which may involve inventive procedures and routines, machines, articles of assembling, arrangements of matter, and item or gadget. On the off chance that the designer or the exploration-based organization can decide on practicality and have distinguished the business sector for innovation, they ought to set up their creation revelation record from that point on.
The patent document should include information relating to:
- What item or product offerings does the development identify with?
- Describe a brief foundation, including the issues that the present innovation intends to unravel.
- What are the present advances that exist to take care of the issues?
- What are the impediments and detriments of the present advancements that exist to take care of the issues?
- Why is your innovation novel?
- Describe different elements of the development.
- Advantages of the present invention
Step 2: Conduct Worldwide Patent Search / Patentability Search
- New and not revealed anywhere on the planet, the innovation being referred to should contrast from every past creation or existing learning to fit the bill for a patent. In the event that your innovation contrasts physically somehow from past creations, it will probably be thought to be new (or “novel”).
- It ought to have an imaginative step, or it must be non-evident to a gifted individual. [To make sense of whether your development meets this test, you need to consider whether individuals working in the same field would consider the innovation evident.]
- It ought to be equipped for industrial use.
- Under the Indian Patent Law, it ought not to be considered a procurement of non-patentable creations and developments related to nuclear energy.
Step 3: File a Provisional Application before the Patent Office
The Indian Patent Law takes after first to document framework. Temporary application depicts the way of the innovation to secure a needed date for recording the application in which the imaginative thought has been uncovered. On the off chance that your creation is in the R&D stage, you have the alternative to record the temporary patent application. It must be trailed by a complete determination depicting the points of interest of the creation alongside an arrangement of cases portraying the limits of patent assurance within 12 months in the wake of recording the provisional application.
Step 4: File Complete / Non-Provisional Patent Application
Complete Patent Specification incorporates various segments. On the other hand, the limits of patent assurance are characterized by the patent cases. One ought to note that the expressions of the instances themselves characterize the extent of the licensed innovation. Throughout the years, I have seen numerous patent candidates compose the benefits of the innovation in the patent cases that ought to be kept away from at all costs. Patent cases ought to incorporate principle parts or components of the innovation and how they are joined with one another. It is fitting to employ the administrations of a patent legal counselor to compose the patent application.
Step 5: Follow the Patent Deadline Dates Judiciously
Each application for a patent is distributed within a year and a half from the date of first filing. If you want to assist your patent security, you can file a solicitation for expedited production, and the application will be distributed within a month of the date of solicitation. The patent application is not inspected naturally after its documentation, and the next step is recording a solicitation for examination. The solicitation for examination can be documented within a time of 48 months from the date of first filing.
The controller does not release the patent application to a patent analyst to investigate your development, check the creative matter, and decide its patentability. Amid the patent indictment, the inspector gives the examination report, in which he might refer to the essential former craftsmanship/patent points of interest, which may invalidate the asserted innovation. The creator needs to break down the report alongside his patent lawyer to react to the examination report. Subsequent to meeting one or more complaints raised by the patent analyst, the application will be set for award, and the stipend will be advised in the patent journal.
