Step-by-Step Procedure for Filing a Patent Application

Introduction

Patents are an integral part of intellectual property law, wherein inventors have the right to their creations exclusively and innovation takes place in several industries. Since patents give the inventor the right to exclude others from making, using, or selling his inventions for a certain number of years, they encourage creativity and safeguard new ideas. This gives fictional rights to their creators, following which they reveal all the technological aspects of inventions to the world to enable further construction and modifications from those designs. The entire mechanism, thus benefits the inventors at the other end to reap any advantages from it by allowing those advantages to their own advantage through diffusion of knowledge into that invention regarding that invention through social movement.

However, patenting is quite a complex process, different for every country and requiring much time. It demands doing a search on patents so that the novelty of the invention may be checked on, drafting the full-fledged patent application, and getting familiar with the various types of patents. It includes going through an examination procedure where issues are pointed out by the patent office to be addressed finally before receiving the patent.

This paper shows insight into filling for the process of obtaining patent on a certain item from bare necessities in the application to the procedures used in retaining and enforcing the right of the patent. It also has great care and concern for the very relevant discussion on issues ranging from patent search, types of application, to patent protection in the international markets. Most of these significant concerns ensure much smoother operations of the system without violating or permitting violation of third-party intellectual properties.

Patents and their Importance

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period in exchange for publishing an enabling disclosure of the invention. Patents benefit inventors by providing them with legal protection for their inventions. However, patents also benefit society by providing public access to technical information about these inventions, thus accelerating innovation.

According to national laws and international agreements, the process for awarding patents, the conditions imposed on the patentee, and the scope of the exclusive rights differ significantly between nations.

However, most patent applications typically require one or more claims, which usually detail the scope of protection sought. A patent may contain many claims, all which are different specifications of property rights. Patents have been important issues in encouraging innovations and intellectual properties.

An exclusive right is conferred on the owner to manufacture, use, and sell the product for a stipulated time normally about 20 years to ensure no other person or business manufactures, uses, and sells the said invention without seeking permission from its owner.

This, in turn, gives inventors a guarantee that they can earn profits from their creations, thus inspiring further innovation and research investment. Patents encourage knowledge sharing since inventions are well explained; therefore, other people will come up with different ideas about the available technologies. Patents further increase the competitiveness of a company, and its market value, and even enable licensing or partnership. In the global economy, patents might be critical in protecting inventions across international markets and provide tools to inventors on how to protect their intellectual property across borders. In general, patents encourage creativity and spur technological progress while encouraging economic growth since they provide legal security for new ideas.

Essentials before filing a Patent

A patent application is the process of requesting a patent for an invention. It involves legal and administrative proceedings. Before making a formal application, an applicant should research the Patent and Trademark Office’s database to see if another person or institution has claimed a patent for a similar invention. The invention must be different from or an improvement upon a previous design to be considered for a patent.

Applicants need to take care to maintain accurate records of the design process and the steps taken to create the invention. Enforcing the patent is up to the person or entity that applied for the patent.

A patentable invention

The invention must not have been already published. It should not have any previous records of registration. An invention that is not useful in any way is not capable of registration. The invention must be practically applicable and be of some use in one or the other way.

The type of patent

The patent inventor must be able to identify the nature of their invention to decide under which category of patent their invention falls. Patents are of three types: (a) Utility Patents cover new inventions and discoveries that are useful for other people, (b) Design Patents include the designs of articles of manufacture that are useful, new, and ornamental, and (c) Plant Patents cover new varieties of plants that have been asexually reproduced.

Patent Documentation

Patent claims define the scope of the inventor’s invention and the specific aspects that the inventor is claiming. Clear and precise claims for the patent must be mentioned as they contain an inventor’s legal rights. A clear description of the product must be given of how the invention works, how the present-day challenges can be overcome by the help of the product, and how and what problems can be solved. The illustrations/drawings provided must be according to the format rules of the documentation.

Patent Process and Timeline

The patent office workload and the country in which the patent application is filed play a crucial role in determining the time that the patent examiner would take to go through a patent application. After filing the patent application, the inventors’ invention is considered as ‘patent pending’. An invention can be marketed while waiting for patent approval.

Conducting a Patent Research

A patent search proves whether your innovation is novel, and thus has not been patented elsewhere. That way, your invented product passes the patentability test concerning novelty, which happens to be the fundamental law governing patents. It also saves intellectual property rights and the resources that might otherwise be in vain in case a specific invention did not deserve to be patented; meanwhile, any other existing prior art patents and public-known information is prevented from infringing that right. In addition to that, it further helps in judgment on the extent to which protection will be given upon such an invention.

Search Tools

Several tools and platforms to conduct a comprehensive patent search:

USPTO’s Patent Full-Text and Image Database (PatFT): USPTO provides a full-text and image database for searching published patents and applications. It is available in text and image search options for your convenience.
Google Patents is a friendly search tool across worldwide patent office’s using keyword-based searches. This is a versatile tool for finding more than just prior art U.S.-filed patents.
Other Patent Offices: According to your area of interest, the database set up by other patent offices, such as EPO, WIPO, and Intellectual Property Office in India, is provided. This is able to provide regional and international patent filings.

Assessing Search Results

USPTO’s Patent Full-Text and Image Database (PatFT): USPTO provides a full-text and image database for searching the published patents and applications. It is available in text and image search options for your benefit.
Google Patents is a friendly search tool across worldwide patent offices using keyword-based searches. It is an incredibly versatile tool for finding more than just prior art U.S.-filed patents.
Other Patent Offices: Depending upon your area of interest, the database set up by other patent offices, such as EPO, WIPO, and Intellectual Property Office in India, is available. This can provide regional and international patent filings.

Types of Patent Application

Provisional Application

The provisional Patent application is the means through which an invention can be ensured to achieve its priority date without spending much money, and it is also referred to very frequently referred to as a ‘priority date’.

It allows a period of 12 months to work out and perfect the idea or gather the resources before filling out the non-provisional application. It is less formal in filing since no drafting claims and official drawings are needed.

It is suitable for the inventor who is quite early in developing their invention or who needs an established priority date but does not have the capital to file a full patent.

Non-Provisional Application

A non-provisional patent application is a full and formal version of an application and follows the approval leading to the issuance of a patent.

Features:

A detailed description of invention, its structure and working along with its advantages.
Claims describing the scope being sought are accompanied with an abstract and formal drawing showing the inventive concept.
The Patent Office examines upon the grounds of novelty, non-obviousness, and utility.

It is best suited for those inventors who are prepared to receive complete patent protection; they have well-defined inventions and are adequately resourced for the formal process.

International Patent Application

International Patent Application, by Patent Cooperation Treaty expedites the process through which one acquires patents of a country in more than one country.

It is an application accepted and approved by over 150 contracting countries so that one will get an easy way through the procedure to file patents globally.

The divided applications in other countries will be filed around 30-31 months from the priority date by which time the market opportunities will be explored.

It involves an ISR along with a patentability written opinion related to the patentability of the aforesaid invention.

It is a suitable option for the inventor who wants global market protection or one running his business in geographies that have to be covered under many jurisdictions.

Drafting the Patent Application

Title of the Invention

The title of the invention should be brief. It should state the main idea of the invention. At the same time, it should not be too technologically descriptive or vague. The limit of the title should be 500 characters or less. Most patent offices have such a limit on title length.

There should be no use of registered marks and generic identifiers.

Abstract

An abstract is a summary of the invention, usually less than 150 words, that describes the purpose, features, and main advantages of the invention.

It is an important part because a good abstract will provide patent examiners and potential investors with a brief overview of the invention.

An abstract should have precise wording to describe how the invention functions. They should not use technical jargon, so they can be understood by a layman.

Background of the Invention

This is the section in the specification explaining the problem solved by the invention as well as its background regarding state of the art, or what is often termed as prior art, in this field.

Key Components:

Technical field of the invention.
What is wrong or inefficient about prior art.
How your invention solves this.

The background of the invention should provide concrete examples or statistics about the weakness in the prior art.

Detailed Description

This component of the invention is detailed with further structure, functionality, and operation details. The detailed description of an invention describes how the current invention is better than the existing solutions.

The invention is divided into parts and the functions of the same are described. The specific terms are not vague.

Claims

Claims specify what protection is required for the offered invention and state its novelties

Tips for Writing-

Use ungainly language as much as Possible
Claims according to the Detailed description.

Drawings and Diagrams

Visual representations clarify the invention’s structure and operation, complementing the written description.

Needs:

Include labeled diagrams to identify each component.
Comply with the formal drawing standards of the patent office concerned.

It includes exploded views, cross-sections, and flow diagrams where appropriate.

Final Considerations

A well-framed patent application increases the chances of getting the patent approved. It gives an elaborative and elaborate description of the invention. The entire process needs to be very careful regarding details, have a logical structure, and comply with all the requirements of the patent office.

Filing the Patent Application in the Appropriate Patent Office

The final step is to file a patent application to get legal protection for an invention. This process involves choosing the right patent office, meeting the filing requirements, and paying the required fees.

Choosing the Right Patent Office

The patent office would depend on the geographical extent of protection the inventor requires.

USPTO (United States Patent and Trademark Office): For all the inventors who want to secure protection within the United States.
EPO: The European Patent Convention allows a single application to be filed in one cover that may then be applied in many countries across Europe.
National Patent Offices: To obtain protection in individual countries, for example, India, China, Japan, or any other country except the one under the purview of EPO.
International Filing: Patent Cooperation Treaty is used to get international protection. It is filed for patents simplified in most countries.

Electronic Filing

Nearly all patent offices have an online portal through which filing patents is efficient and easy. Such portals facilitate instant acknowledgment, faster processing, and even track the document.

Examples of Online Portals:

USPTO: The Electronic Filing System (EFS-Web) or Patent Centre.
EPO: Online Filing (OLF) or the e-EQE platform.
India: IP India e-filing portal.

The accepted formats are mostly PDF for written documents and specific image formats, such as JPEG and TIFF, for drawings.

Application Fee

The various cost factors include

The type of application: Provisional, Non-Provisional Application, or PCT Applications
The number of claims: Additional claims beyond a certain threshold may incur extra fees.
Size of the entity: The fees for micro-entities, small entities, or individual applicants may be reduced.

Submission Checklist

To make the application process easy, ensure all the required papers and forms are in place and filed:

Patent Application Form: It is the most basic paper containing all the specifications about the invention and the inventor(s).
Specification and Claims: Detailed written description, claims, and abstract.
Drawings and Diagrams: If the product is illustrative.
Declaration or Oath: Declaration that the invention is the product of original ideas of the inventor
Assignment Documents: When a company or person to whom rights have been assigned by the inventor.
Power of Attorney: In case of the patent agent or attorney representing the applicant
Fee Payment Receipt: Proof of payment of filing fees.

Procedure for Filing of Patent Application In India

The Indian Patent Act provides a structured format for the Procedure for filing patent application. Lets discuss the section for filing of patent application

Section 6 of Indian Patent Act

Section 6 of the patents provides that any person may apply for patent by filing an application:

Who is Claiming to be the first owner of the invention and the true inventor of the invention
Who is the assignee of the person who claims to be the inventor of the invention in respect of the such right.
Who are the legal representatives of any deceased person who was the first inventor of an invention and was entitled to make such application before his death.

Section 7 of Indian Patent Act

Section 7 of the paten act provides for the form of application:

According to section 7 (1) every application must be for only one invention and must be foiled in the prescribed form and must be filed in the patent office.

According to section 7(1)(A) Every international application filed on the basis of patent corporation treaty before the filing of any application in India shall be considered to have been filed under this act only and as if it were filed in India.

According to section 7 (1)(B) (The filing date must be according to the international filing date that is provided by the patent corporation treaty.

According to section 7 (2) When someone has the right to apply for the patent by virtue of assignment, he must with the application give the proof that he has such right.
According to section 7(3) Every application shall state in the application that the applicant has the possession of the invention.
According to section 7 (4) Every application must be accompanied by the complete specification with regard to the application and the invention.

Complete specifications

Section 9 provides about the complete specifications and states that if the provisional application has been providing at the time of filing application then within 12 months from such date complete specification of the invention has to be provided.

Priority date

Section 11 provides for that there should be a priority date for each application.

Section 11A Provides that the application must be published. It states that no application can be published without before the date given by the controller. However, the applicant may request the controller to publish it before. The controller on its discretion may decide whether to publish or not.

Examination of application

Section 11 B Examination of application

No examination shall take place before the request of the applicant. The applicant or any other person may request for the examination of application and then only such examination can take place. It is the duty of the applicant to request for the examination if no request is done then the application is considered to be withdrawn.

According to section 12 after the request is made the controller may forward it to examiner to make a report. The examiner shall investigate as to the complete specifications.

If there are objections as to the application the controller should convey it to the applicant. And then the applicant should make the changes in the prescribed period.

After the objections new application then have to be submitted by the applicant and the controller should publish it.

Patent Examination Process

The applicant submits a formal request for examination following the filing of the non-provisional patent application to initiate the patent examination process.

Timeframe:

USPTO: Filing should be done within 3 years from the date of filing.
Jurisdictions like India: Filing should be done within 48 months from the priority date or filing date, whichever is earlier.

Fee: This is a petition that will attract a fee, depending on the jurisdiction and applicant category for example small entity or micro-entity.

Purpose: This petition will bring about a search of the application to check its compliance with patentability requirements such as novelty, inventive step, and industrial applicability.

Office Actions

Office actions are communications from the patent examiner which reflect problems, deficiencies, or objections in the application.

Most Common Issues Raised:

Lack of novelty or inventive step.
The description of the invention is inadequate or vague.
Claims poorly drafted-for example, overbroad or ambiguous.

Types of Office Actions:

Non-Final Rejection: Points out preliminary objections and allows applicant to amend or respond.
Final Rejection: It is issued if the examiner is not satisfied after the first response, which further limits further amendments.

Responding to Office Actions

An applicant must file a response to overcome objections raised in an office action.

Claims Amendment: To reduce the scope of a claim or overcome prior art.
Arguments: State why the invention is patentable, usually as distinguishing it from cited prior art against which the examiner has objected.

Time Limitation: Most countries offer a short period of response, which can range from 3 to 6 months. A longer period is available for extra charge.

Use no specific words and refer to the relevant case laws or technical evidence.
Comply with local patent office rules.

Patent Examiner Interview

A direct discussion with the patent examiner shall help clarify any ambiguities and resolve objections efficiently. Interviews are typically requested when written responses fail to address complex issues effectively.

Format:

It may be conducted personally, by phone, or through video conferencing at the pleasure of the patent office.
The applicant, attorney, or agent presents their arguments and is allowed to amend during the interview.

Result: Such interviews overall accelerate the solving of other problems and also enhance the chances of approval.

Awaiting Patent Approval or Rejection

Once the patent application is filed, the invention is considered “patent pending.” Patent pending is when the patent office is considering the application. Patent pending does not provide complete legal protection; however, it serves as a notice to others that the product might soon have exclusive rights granted. It should be noted that public disclosure does not preclude an application. Hence, any inventor would then be able to garner whatever possible protection available on the issuance of a patent.

Patent Pending Status: The application will give the invention, by its own status, at least patent pending after the actual date of its filing; simply it would notify third parties that the patent could soon be issued.
Deterrent: State of pendency will deter the possible infringer as well as they also understand that patent protection might soon be conferred upon him
Not Full Protection An inventor is legally not empowered entirely but turns to a cautionary one for a moment.

Review Time depends upon from state to state and upon the complexities involved in it. For instance, in the United States, patent examination will take approximately 18-24 months. However, applicants can seek Track One review that has a reviewing time of 6-12 months. Here, it will take 2-5 years in the EPO since the reviews are deep and on international considerations. Standard review takes 3-5 years in India. India also offers expedited examinations. They have time frames. That is related to the nature of the case, based on elements that, amongst others, correspond to the time spent at the patent office, and also involve complexity regarding what is going to be protected.

The application would most probably fall into one of three options: approved, denied, or pending. For patent approval, the inventor would be entitled to the rights that the patent gives him. In case of rejection, the examiner would explain the reasons for his action, and the applicant has the opportunity to amend the application or add more information. Additional examination would also be justified if the examiner needs additional information to make a final judgment.

Possible Outcomes:

Grant: The patent is allowed, and inventor is granted all rights
Refusal: The case is refused by the examiner. The inventor shall be allowed either to amend claims or to put in additional proof.
Further Examination: The examiner is of the opinion to require further proof or clarification.

Types of opposition

After the publication there can be opposition raised by any person under sec 25 who thinks that the patent is not actually need to be given. There are two types of opposition:

Pre grant opposition:

Section 25 states that before the patent is granted and the after the application is published any person may file his objection regarding the grant of patent under section 25(1) on the grounds mentioned in the section.

Post grant opposition

Section 25 states that after the grant of patent any person may file the opposition in writing stating the ground.

These objections are to be raised within one year from the publication or grant of the patent.

After receiving the Patent

Grant of patent

According to section 43 the patent may be granted to the applicant after there is no objection raised within one year.

Once the patent is granted, the inventor is given the right to be exclusive to his invention. That is, the inventor can prohibit other people from making, using, or selling the patented invention without his consent. Patent issuance is a legal recognition in formal terms that empowers the inventor to protect his intellectual property. This period will usually run for 20 years from the date of filing, but it only applies when maintenance fees are paid and that the patent is in force.

Patent Grant: The inventor has the exclusive rights to his or her invention after approval.
Exclusive Rights: The inventor is permitted to prevent others from making use of, or benefiting from the invention, without permission.
Length of Patent Term Protection: Usually takes 20 years from the filing date, but maintenance.

An applicant in many jurisdictions is levied with payment of maintenance fees for a patent. Maintenance fees payable are at prescheduled intervals of time while a patent is extant. In the USPTO, for example, such fees are collected at 3.5, 7.5 and 11.5 years since the patent was granted. The USPTO revokes the patent as a result. The invention is accessible to any individual. All patent renewal fees are available in India during force. By opting to forgo payment of renewal fees, the patent lapses and the invention is now under the public domain.

Maintenance Fees: Costs associated with maintenance of the patent.
USPTO: Payment at 3.5, 7.5, and 11.5 years
India: The annual payment of patent renewal fees is payable.
Lapse of Patent: Non-payment of maintenance fees results in lapse of the patent.

After the grant of a patent, the owner of the patent can file a suit for infringement to enforce his rights under the patent. In other words, if an infringer uses the patented invention without permission, the owner of the patent can approach the court and prevent infringement, and seek remedies in the form of damages. Patent enforcement typically occurs through civil litigation, where the patent owner may seek injunctions to prevent further unauthorized use. Some jurisdictions, such as India, allow wilful infringement, which can even lead to criminal liability.

It would mean exercising Patent Rights as a patent owner can sue an infringer.

Civil Litigation: A patent owner can bring an action for damages or an injunction against an infringer.
Criminal Penalties: There are jurisdictions such as India where willful infringement constitutes a crime .

The patent owner can further license or sell the patent to other parties. This enables the patent owner to allow the right of use, production, or sale of the invention in exchange for royalties to another party. Licensing can be either exclusive or one in which the patent is granted to one party only. Alternatively, the patent can be sold, and all the rights are transferred to another party once and for a payment. Both licensing and selling enable the inventor to earn money from the invention without passing through the production or commercial distribution process.

Licensing: The inventor gives permission to others to make use of the invention for a fee or royalties.
Exclusive License: It is given to one licensee
Non-Exclusive License: Granted to more than one licensee
A Sale of the Patent: The inventor sells all rights to another party for a lump sum.
Monetization: Licensing and selling allow one to earn from the invention without the need to produce or market it.

Conclusion

In a nutshell, patents are of great importance in innovation and protection of intellectual property. Patents give an inventor exclusive rights to his/her creation, so more research and development and creativity. Patents benefit an inventor by passing on technical knowledge that may encourage further innovations and advancements and offering legal protection; hence, one earns from one’s invention.

This involves patent search in the right way, ensuring no infringement exists with the proposed idea, the filing process of applications, and then the examination. A patent inventor should consider the type of patent that would suit his product the best, draft an exhaustive application, and become aware of all the patenting routes, like provisional and non-provisional filings. Besides these, international applications can now also patent protect one go in most nations of the globe, which have become an indispensable constituent of the present global economy.

Patents take a considerable amount of time to obtain; however, its benefits are extensive because one holds exclusive rights while being competitive within the market arena and can further monetize such an opportunity via licensing or by selling the patent. Care and attention are usually required from inventors as far as the patents are concerned to pay maintenance fees and enforce any infringement against infringements.

Patents establish an environment of legal security that facilitates the sharing of knowledge, thus enhancing economic growth and technological advancement. Consequently, the reward the patent system offers to the inventor remains the stimulus for creating a more innovative and competitive global marketplace.

Introduction

A new product, technology, or process’s inventor is granted intellectual property rights through patent registration. For 20 years after the application date, if the invention is accepted, the inventor will have the sole right to market, produce, and import the product.

According to the Patent Act of 1970, you can submit a provisional patent application while your invention is still in the development stage and replace it with the full application within a year of the filing date or as soon as the product is finished. For fully developed products, you can submit the application in its entirety, along with a thorough specification.

Patent Registration

The legal process of obtaining exclusive rights to a newly created product is called patent registration. For the next 20 years following the date the patent application was filed, these include the rights to produce, market, and import the product. It enables an inventor to appropriately reward his creative concepts, research, and development endeavours, as well as to profit from his intellectual property.

The Indian Patent Act of 1970 governs patent registration, which is managed by the Controller General of Patents’ office.

Eligibility to file an Application for Patent in India

The individuals who are eligible to submit a patent application are listed in Section 6 of the Act. A patent application for an invention may be submitted to the patent office by any individual who is the original and genuine inventor of the invention. Nonetheless, an assignee of the original and legitimate inventor of the invention may be granted the right to submit an application. In such a situation, the application must be supported by a declaration that the individual making the claim is the invention’s first and legitimate inventor, as well as proof of the applicant’s right to submit the application. The legal representative of a deceased person who was entitled to a patent prior to his passing may also submit an application for one.

Eligibility of Patent for Registration Process of Patent in India

Only wholly original inventions are eligible for patent protection. This indicates that no prior introduction of an identical or comparable invention into the public domain has occurred. To put it simply, the new invention must be completely cutting-edge. Before the patent application is actually filed, the novelty requirements must be satisfied. Additionally, the invention should have a novel feature or function that the general public isn’t readily aware of.

In addition to originality, industrial application is a crucial prerequisite. The product that is invented needs to be valuable and able to be produced in the industry. This immediately excludes any new item created purely for aesthetic reasons. If an invented product is forbidden by Sections 3 and 4 of the Act, it cannot be patented even if these requirements are satisfied.

Types of Patent Application

There are two categories of patent applications based on the terms of patent protection.
Provisional application: while the product is being developed, a provisional application must be submitted for one year of temporary protection. This gives the product more time to be developed without worrying about losing its exclusive rights.
Complete application: The complete application has been submitted for permanent patent protection. When the provisional patent expires, it can be filed directly or in its place.
Five categories can be used to classify patent applications according to their intended use or purpose:
Ordinary Patent Application: It is for patent protection in India. Section 7 of the Act states that a patent application must be submitted in the required format to the Patent Office. A complete or provisional specification must be submitted with every patent application. Applications submitted under the Patent Cooperation Treaty or conventions do not require the inclusion of such a complete or provisional specification.
International Patent Application: An application filed in compliance with the Patent Cooperation Treaty is referred to as an international application. Instead of submitting several regional applications, these applications offer patent protection in a large number of countries through a single application. If such an application is submitted to the Controller in India, it is considered a patent application under the Act. According to the Patent Cooperation Treaty, the date of filing of such an application is regarded as the international filing date. Descriptions, drawings, abstracts, and claims submitted with the international application under the Act are all included in the full specifications.
Convention Patent Application: A convention application, also known as a “basic application,” is defined by Section 135 of the Act as an application submitted under the Act within a year of the date on which a patent application for an invention in a convention country was filed. In accordance with an international agreement, such as the Patent Cooperation Treaty (PCT), which designates India, the application was submitted. Suppose the claim is founded on the information revealed in the basic application. In that case, the priority date of the full specification in this scenario is the date the basic application was submitted.
Divisional Patent Application: The division of an application is covered in Section 16 of the Act. This type of application can be submitted at the applicant’s request prior to the patent being granted or in response to the Controller’s request to address his objection that the claims in the full specification pertain to multiple inventions. In this scenario, in addition to the previously mentioned application, the applicant may submit additional applications for the invention specified in the provisional or complete specification, as applicable. However, nothing that hasn’t already been covered in the specification submitted with the prior application may be included in the complete specification provided with the subsequent application.
Application for Patent of Addition: According to Section 54 of the Act, an applicant may be granted a patent for an improvement or modification of an invention that is described in a complete specification filed as long as the applicant has either applied for the patent of the invention or is the patentee of the invention. This is known as a patent of addition.

Essentials Before Filing a Patent

A patentable invention: The invention must not have been already published. It should not have any previous records of registration. An invention that is not useful in any way is not capable of registration. The invention must be practically applicable and be of some use in one way or the other.
The type of patent: Patents are of three types: (a) Utility Patents cover new inventions and discoveries that are useful for other people, (b) Design Patents include the designs of articles of manufacture that are useful, new, and ornamental, and (c) Plant Patents cover new varieties of plants that have been asexually reproduced. The patent inventor must be able to identify the nature of their invention in order to determine which category of patent their invention falls under.
Patent Documentation: The extent of the inventor’s invention and the particular features they are claiming are specified in patent claims. An inventor’s legal rights are contained in the patent’s clear and specific claims, which must be mentioned. It is necessary to provide a detailed explanation of the invention’s operation, how it can be used to overcome current obstacles, and what issues it can resolve. The provided drawings and illustrations must adhere to the documentation’s format requirements.
Patent Process and Timeline: The time it takes a patent examiner to review a patent application is primarily determined by the workload of the patent office and the nation in which the application is filed. The inventors’ invention is deemed “patent pending” following the filing of the patent application. While awaiting patent approval, an invention may be put on the market.

Procedure for Filing a Patent Application in India

Step 1: Select Patent Application: You can start the patent filing once you are certain that your product satisfies all the requirements for patent registration. Selecting the kind of application you wish to submit in order to start the process of getting a patent is the first step. There are two options available to you:

A provisional application offers patent protection for a year before expiring.
Completed application, offering 20 years of complete patent protection

Step 2: Patent Search: You can proceed to the next step of the Indian patent filing process, which is performing the Patent Search, after determining which application to submit. To see if any comparable inventions are already patented or in the public domain, a patent search is carried out. This is done to guarantee that the product being considered for patent registration is completely unique and not known to the general public. You can proceed to the following step if the search results are obvious.

A number of resources and platforms for carrying out an exhaustive patent search:

The USPTO’s Patent Full-Text and Image Database (PatFT): This database allows users to search published patents and applications in both full-text and image format. For your convenience, it has both text and image search options.
Google Patents uses keyword-based searches, which makes it an easy-to-use search engine for international patent offices. This is a flexible tool that can be used to locate more than just U.S.-filed prior art patents.
Other Patent Offices: The database created by other patent offices, including the Intellectual Property Office in India, WIPO, and EPO, is offered based on your area of interest. This can provide both domestic and foreign patent applications.

Step 3: Patent Application Filing: Patent Application Filing in the Appropriate Office: Filing a patent application entails completing Form-1 and sending it in with the Patent Specification on Form-2. Selecting the appropriate patent office, fulfilling the filing requirements, and making the necessary payments are all part of this process.

The inventor’s desired geographic scope of protection dictates the patent office selection. Inventors looking for protection in the US turn to the USPTO (United States Patent and Trademark Office). Under the European Patent Convention, a single application that is applicable in several European nations is facilitated by the European Patent Office or EPO. With the exception of those covered by the EPO, national patent offices manage protection in specific countries, such as China, Japan, or India. International filing is facilitated by the Patent Cooperation Treaty (PCT), which streamlines the patent application process in many nations.

Most patent offices provide an online portal that streamlines the process of filing patents, offering features like instant acknowledgement, faster processing, and document tracking. Examples include the USPTO’s Electronic Filing System (EFS-Web) or Patent Centre, the EPO’s Online Filing (OLF) or e-EQE platform, and India’s IP India e-filing portal. Typically, these platforms accept PDF formats for written documents and formats like JPEG and TIFF for drawings.

The various cost factors include:

The type of application: Provisional, Non-Provisional Application, or PCT Applications
The number of claims: Additional claims beyond a certain threshold may incur extra fees.
Size of the entity: The fees for micro-entities, small entities, or individual applicants may be reduced.

Step 4: Patent Specification Drafting: The next step in the patent application process is to draft a patent specification, which is a comprehensive document that includes details about the product that was invented. To guarantee complete disclosure of information to the patent registrar, it is submitted with the application.

Things to be included while drafting the patent application:

Title of the Invention: The title of the invention should be brief. It should state the main idea of the invention. At the same time, it should not be too technologically descriptive or vague. The limit of the title should be 500 characters or less. Most patent offices have such a limit on title length. There should be no use of registered marks and generic identifiers.
Abstract: An abstract is a summary of the invention, usually less than 150 words, that describes the purpose, features, and main advantages of the invention. It is essential because a good abstract will provide patent examiners and potential investors with a brief overview of the invention. An abstract should have precise wording to describe how the invention functions. They should not use technical jargon so they can be understood by a layman.
Background of the Invention: This is the section in the specification explaining the problem solved by the invention as well as its background regarding the state of the art, or what is often termed as prior art, in this field. Key Components:

ü Technical field of the invention.

ü What is wrong or inefficient about prior art?

ü How your invention solves this.

The background of the invention should provide concrete examples or statistics about the weakness in the prior art.

Detailed Description: This component of the invention is detailed in terms of further structure, functionality, and operation. The detailed description of an invention describes how the current invention is better than the existing solutions. The invention is divided into parts, and its functions are described. The specific terms are not vague.
Claims: Claims specify what protection is required for the offered invention and state its novelties. Tips for Writing-

ü Use ungainly language as much as Possible

ü Claims according to the Detailed description.

Drawings and Diagrams: Visual representations clarify the invention’s structure and operation, complementing the written description. Needs:

ü Include labelled diagrams to identify each component.

ü Comply with the formal drawing standards of the patent office concerned.

It includes exploded views, cross-sections, and flow diagrams where appropriate.

Final Considerations: A well-framed patent application increases the chances of getting the patent approved. It gives an elaborative and elaborate description of the invention. The entire process needs to be very careful regarding details, have a logical structure, and comply with all the requirements of the patent office.

Step 5: Patent Publication: The application’s publication in the Patent Journal is the next step. It is completed eighteen months after the application date and marks the invention’s initial entry into the public domain.

Step 6: Requesting Patent Examination: A patent examination is requested within 48 months of the application. An examiner has been assigned to review the application’s details and object to any inconsistencies discovered. The applicant has 12 months to respond to any objections. Show cause hearings may be required to resolve objections if the responses are unsatisfactory. The applicant submits a formal request for examination following the filing of the non-provisional patent application to initiate the patent examination process.

Timeframe:

• USPTO: Filing should be done within 3 years from the date of filing.

• Jurisdictions like India: Filing should be done within 48 months from the priority date or filing date, whichever is earlier.

Fee: This is a petition that will attract a fee, depending on the jurisdiction and applicant category, for example, a small entity or micro-entity.
Purpose: This petition will search the application to check its compliance with patentability requirements such as novelty, inventive steps, and industrial applicability.

Office actions are communications from the patent examiner that reflect problems, deficiencies, or objections to the application. Most Common Issues Raised:

• Lack of novelty or inventive step.

• The description of the invention is inadequate or vague. Claims are poorly drafted, for example, overbroad or ambiguous.

An applicant must file a response to overcome objections raised in an office action.

• Claims Amendment: To reduce the scope of a claim or overcome prior art.

• Arguments: State why the invention is patentable, usually distinguishing it from cited prior art against which the examiner has objected.

• Time Limitation: Most countries offer a short period of response, which can range from 3 to 6 months. A more extended period is available for an extra charge.

• Use no specific words and refer to the relevant case laws or technical evidence.

• Comply with local patent office rules.

Step 7: Grant of Patent: According to Section 43 of the Act, the patent may be granted to the applicant after there is no objection raised within one year.

• Patent Grant: The inventor has the exclusive rights to his or her invention after approval.

• Exclusive Rights: The inventor is permitted to prevent others from making use of or benefiting from the invention without permission.

• Length of Patent Term Protection: Usually takes 20 years from the filing date, but maintenance.

Conclusion

In a nutshell, patents are of great importance in innovation and the protection of intellectual property. Patents give an inventor exclusive rights to his/her creation, so more research development and creativity. Patents benefit an inventor by passing on technical knowledge that may encourage further innovations and advancements and offering legal protection; hence, one earns from one’s invention.

This involves a patent search in the right way, ensuring no infringement exists with the proposed idea, the filing process of applications, and then the examination. A patent inventor should consider the type of patent that would suit his product the best, draft an exhaustive application, and become aware of all the patenting routes, like provisional and non-provisional filings. Besides these, international applications can now also patent protect one go in most nations of the globe, which have become an indispensable constituent of the present global economy.

Patents take a considerable amount of time to obtain; however, their benefits are extensive because one holds exclusive rights while being competitive within the market arena and can further monetize such an opportunity via licensing or selling the patent. Care and attention are usually required from inventors as far as the patents are concerned to pay maintenance fees and enforce any infringement against infringements.

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