What are the stages of patent filing in India?
The World Trade Organisation defines intellectual property rights as the rights given to persons over creations made by their minds. A patent provides exclusive rights over the use of such creations over a period. In India, the Patents Act, 1970 governs and enumerates patent provisions, including filing patent applications.
According to Section 7 of The Patents Act, 1970, you must submit the prescribed form for patent filing. The Patent Office accepts all applications accompanied by complete specifications. Suppose the applicant has furnished provisional specifications along with the application. In that case, they shall submit a complete specification within 12 months from the date of applying, failure of which may result in the abandonment of the application.
Criteria
A patent is necessary for creators to prevent others from copying their creations. You need to follow the criteria for it. Novelty states that according to Section 2(1)(j) of the Indian Patent Act, “invention” is a new process or product involving inventive steps capable of industrial application.
Further, Section 2(l) of the Act defines ‘new invention’ as any invention or technology not anticipated by publication in documents or used anywhere in the country or worldwide before the patent application’s filing date with complete specifications.
Stages
The first stage of filing a patent application in India includes submitting the documents and the application form at the Indian Patent Office in the prescribed format. Upon receipt, the Indian Patent Office accords an application number and date to it.
Publication
After application filing, the IPO publishes it in the official patent journal for public inspection. They publish it 18 months from the filing or priority date, whichever is earlier.
Examination
The IPO examines the application only after the publication and files a request for examination along with the prescribed fee to ensure that it meets all the requirements under the Patents Act. The Controller issues a First Examination Report based on the examination. You need to file it within six months.
Grant
You receive the patent within a few months from filing the response to the FER or the hearing if you meet all requirements under the Act.
Maintenance
It is the final step in patent filing, where the patentee pays a renewal fee every year to keep the patent in force. The renewal fee starts from the expiration of the second year from the date of filing. However, you need to pay it along with the arrears only after the grant of the patent.
Types of patents
There are six different types of patents granted in India: Ordinary or Non-Provisional Application, Convention Application, PCT International Application, PCT National Phase Application, Patent of Addition, and Divisional Application.
Conclusion
Patents play a decisive role in scientific and technological advancements with countless examples of exciting inventions, including simple, clever ideas offering advanced, technical solutions.











