The inventor before filing the patent application must collect as much information as possible regarding their invention. This information includes the field of invention, the industrial application of such an invention, and if such an invention can improve already existing solutions. The inventor must be aware of the subject matters that are not patentable and conceive the invention accordingly.

Filing the patent application

Once the applicant has conducted the patent search and come to the conclusion that there are no similar pre-existing patents, then they may proceed with drafting the patent application. The application should include the following parts: Claims Background Description Drawing Abstract Summary These parts should be drafted carefully so that the invention is effectively disclosed before the patent office.

Filing the application

After the patent application is drafted, the same is filed before the patent office through Form 1. If the invention is at an early stage, a provisional patent application can be filed. This application is valid for a period of 12 months after which the inventor has to file the complete specification. A provisional application helps secure the priority date and secures your invention from the start.

Publication

Once the complete specification is filed the application is published on or after 18 months. In the event that the applicant does not want to wait that long, a request for early publication can be made through Form 9 with the specified fees. In such a case the patent application is published within 1 month from the date of request.

Examination

Examination of the patent application is not an automatic process and the applicant has to make a request to the patent office within 48 hours from the date of filing the application through Form 18 with the prescribed fees. Thereafter, the examiner examines the application for novelty, non-obviousness, inventive step and industrial applicability of the application. If the patent office has any objections then a first examination report is issued to the applicant after which the applicant has to file a written reply negating or amending the issues pointed out in the examination report. One may also file Form 18A for expedited examination with the prescribed fees.

Pre-grant and Post-grant opposition

According to the Patents Act, 1970, a pre-grant opposition can be filed by any person in writing after the patent application is published and before the patent is granted. This is an important step as it verifies the validity of the application before the patent is granted. In the 6 month period provided between the publication and grant of the patent, the opponent can make a representation for opposition under Form 7(A). In a post-grant opposition procedure, the third parties can oppose the patent after it has been granted. It can be done by way of filing the notice of opposition within 12 months from the date on which the patent was granted by the patent office. However, unlike pre-grant opposition, only interested parties can file this opposition.

Grant of Patent

After all the grounds of objections are addressed and the patent meets all the requirements. The patent journal publishes the grant of patent.