Process of Filing Patents in India

Even before getting started on the patent application process, it is important to have a thorough patent search conducted. To find if there is a patent is already there or not, it is possible to check online at http://ipindiaservices.gov.in/publicsearch.

Though this is not a mandatory process, it is a great idea to undertake the same and start the entire process on a sure foot. Next, filing patents in India begins with applying with the Indian Patent Office.

After applying, the applicant needs to send in a request to examine the application to the Patent Office. There are two ways to go about it – one, it can be filled in simultaneously while filing the application, and, second, it can be filled in within 48 months of the priority date. However, if the applicant does not file the request within the said period, the application gets terminated.

The next step involves publishing the patent in the patent journal by the Indian Patent Office. Once the application gets published, the applicant enjoys similar rights when the invention receives a patent granted. It means that the applicant has the right to claim damages if any such issue comes to the notice. However, he cannot file for legal infringement cases until a patent has been granted to him.

At this step, there can be pre-grant patent opposition that any party can claim challenging the application.

In the next step, the application is considered for examination by the Indian Patent Office. On a detailed review of the application, the first examination report, also called the FER, is issued. In case the controller has queries, the same need to be answered by the applicant within six months of the issue date. Sometimes, the period granted for the reply is about nine months. If, however, the applicant fails to reply within nine months, the application is rejected.

There are hearings, too, where the Indian Patent Office hears the response to the examination report. In such a hearing, pending objections are addressed, and decisions are taken.

Only when all objections raised by the controller are aptly and relevantly addressed, the application is finally considered for the grant of the patent.

The patent is usually granted within a few months of the hearing. The entire process typically takes about 4 to 5 years to get a patent. It is a long-drawn process, and the applicant has to be continuously working methodically to ensure that the grant comes in, as desired. Once the patent is granted, the first renewal happens after two years. After that, it needs to be renewed every year.

Do I need a patent law firm to assist me with filing patents in India?

Though it is not mandatory, it is always advisable to do so. As is evident, the process is time-consuming, and there are many steps. Also, things could get complicated with objections and revert required. At the hearing, too, it is essential to have the answers properly addressed, or else you risk the chance of rejection of the application. Thus, it is best to hire an experienced law firm for the work and let them handle the entire patent filing process on your behalf.