In the current economy, intellectual property rights have become an unavoidable tool. Following the Indian government’s Atma Nirbhar Bharat initiative, several businesses have looked towards innovation, which was already one of the most important sustainable development targets outlined by the government.
Various projects, in addition to the Atma Nirbhar Bharat plan, have already been established. Make in India, Startup India, Digital India, and Skill India are among them. The Atal Innovation Mission fosters innovative energies in schools and institutions across the country. The Cell for IPR Promotion and Management, CIPAM, has been charged under the Intellectual Property Rights policy to support the establishment and commercialization of IP assets in partnership with the Office of the Controller General of Patents, Designs, and Trademarks.
The number of filings for IP rights has risen dramatically, and the Patent Offices are being restructured to boost capacity. In October 2013, the Patent Office became the International Searching and Examining Authority.
What is the procedure for drafting a patent application?
If you wish to apply for a patent, you must first understand the methods below:
- After you’ve completed your research and development, you’ll need to write an application. Form 1 can be used for this.
- A patent specification must accompany each application. If you do this, you must also complete Form 2. You must submit the complete or preliminary specification using Form 2 depending on whether it is fully or partially finished. If you submit a provisional application, you will have a year to complete your invention and file your corporate application.
- A patent draught must also be filed and submitted with your application. This is an essential document that the patent office will use to determine whether or not your innovation will be granted a patent.
What is the procedure for publishing a patent application?
- The Patents Journal publishes a patent application filed with the Indian patent office.
- This usually happens 18 months (or one and a half years) after the application is filed.
- You must submit a special application using Form 9 if you want the patent to be published sooner.
What is the process for examining a patent application?
- Before being accepted for publication in the patent journal, each application for protection is rigorously scrutinized.
- Form 18 is used to apply for an examination.
- After the application has been filed, it is forwarded to the patent officer, who evaluates it to ensure that it complies with the Patent Act’s regulations.
- Afterward, the officer conducts a detailed investigation into the technology that was used in the innovation. Objections will be communicated if they exist.
- The First Examination Report is the document issued in this case (FER).
- After all of the objections have been addressed, the individual or company is granted a patent.
Here’s a checklist of things to remember before filing a patent application:
- The First Schedule lists the fees that must be paid in connection with the patent.
- If you physically file a patent application, you must pay an additional ten percent.
- You can also pay the cost in cash, via electronic means, or by bank draught. The payment must be made in the name of the Controller of Patents and drawn to a designated bank in the location of the appropriate office. If the draught or banker’s cheque is transmitted by mail, the fees are considered paid on the date that the draught or banker’s cheque actually reaches the Controller.
- If an application is transferred from a natural person to someone who is not a natural person, the difference in fees, if any, must be paid by the new applicant along with the transfer request.
All of this is sure looks complex, and I won’t deny that it is not suited for a typical individual. For FileMyBrand, however, this is not the case. We have the best subject matter experts in the field of intellectual property on our side. And we can guarantee that nobody does it better than us. Get in touch with FileMyBrand if you require a patent.
