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Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

The Patent Registration Process in India

January 7th, 2020The Patent Registration Process in India

Filing a patent is one of the most important steps for any R&D department and/or an inventor. It is the first step in ensuring that there is no unlawful profiting from someone else’s hard work, and that the credit for creation goes where credit is due.

While a patent registration process might some daunting – especially in comparison to copyright claims – it is not so difficult to understand. Once you get the hang of the flowchart of patent filing, it is then easy to know what your legal team is advising you on and how to look out for potential infringement.

Moreover, it allows you to create a mental timeline of product release, since patent granting can be a long process.

What is the Patent Registration Process in India?

  1. Patent Search: Conduct a thorough search of existing patents to make sure that someone else does not already hold a patent to the same/similar invention. This can prevent unintentional infringement on your end.

  2. Specifications: Have your legal team describe the full scope of your invention in technical terms. This will include everything from conception to final use, covering every possible base and loophole.

  3. Filing the Application: File an application with the patent office. Whether it will be a provisional or ordinary one will depend on how far along you are in the invention process, and what your legal team advises. It will also depend on whether you intend to hold the patent on a national level, or for it to be applicable under international law, as well.

  4. Publication: The patent office will publish your patent application in their journals. During this time, a thorough examination occurs of your application, and also gives a chance for others to file any disputes. In the case of disputes, the examiner will do a thorough check, and a report will have to be filed on behalf of the applicant.

  5. Grant: Once the examination is complete and if the examiner deems fit, the patent will be granted.

The patent registration process is a complex one, and requires knowledge of the dates, fees, timelines and legal jargon that goes into registration. If you are planning on applying for a patent, it is best to go through a legal aid for the registration process. The patent team at Rahul Dev is well equipped to help the registration, as well as protect against infringement.

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