This blog is meant for anyone who wishes to patent a product in India & it gives useful information on someone who wishes to file patent without hiring attorney. The cost of filing the patent is given & also forms which needs to be filled are mentioned below. If anyone feels that his idea is unique & can be fast copied & be patented, then he/she can file provisional application & then final application. To the readers of the blog this is meant for you to empower you with essentials and the patent authority in Mumbai are also very cooperative. If you can study few patents & the write-up and if you could write claims on your own, then there is no need to spend the extra amount in hiring attorney.
Forms
- Form 1 for application. Cost Rs. 1000/-
- Form 2 for Specification.
- Form 5 for undertaking.
- Form 9 for Early Publication. Cost Rs. 2500/-
- Form 18 for Examination. Cost Rs. 2500/-
- Thus, total of Rs.6000/-
Documents Required
Apart from Various Forms, they are two types of Patent Docs
- Provisional Specification
- Complete Specification
Provisional Specification
- A provisional specification is usually filed to establish priority of the invention in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention.
- Although, a patent application accompanied with provisional specification does not confer any legal patent rights to the applicants, it is, however, a very important document to establish the earliest ownership of an invention.
- The provisional specification is a permanent and independent scientific cum legal document and no amendment is allowed in this.
- No patent is granted based on a provisional specification.
- It must be a followed by a complete specification for obtaining a patent for the said invention.
- Complete specification must be submitted within 12 months of filing the provisional specification. This period can be extended by 3 months.
- It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance.
Complete Specification
- Title of the invention.
- Field to which the invention belongs.
- Background of the invention including prior art giving drawbacks of the known inventions & practices.
- Complete description of the invention along with experimental results.
- Drawings etc. essential for understanding the invention.
- Claims, which are statements, related to the invention on which legal proprietorship is being sought. Therefore the claims must be drafted very carefully.
Advantages of Provisional
- In case you are thinking for attorney.
- The documentation which requires time.
- You can disclose your invention to anyone, without being afraid that he may steal your idea/invention.
- The above thing will enable you to discuss with others and try to correct flaws if present in your invention.
Publication
- All patent applications are published in the Official journal of Patent Office on expiry of 18 month from the Date of filling.
- There is an option of early publication if you pay an amount of 2500/-
- Once published the Inventor gets partial rights over invention.
- The period between the publication and grant of patent can be utilized to find suitable market for the invention.
Examination
- Fee of 2500/- needed for request of examination.
- Normally an examination takes 6 months, it depends on your serial number.
- Examination can be done only after your application is published.
- The First Examination Report (FER) is send to applicant address.
- Any objection or amendment is to be done before 12 months of FER.
Grant of Patent
- Patent is granted after 6 months of FER provided there is no objection or suggestions.
- Once Patent is granted, any person can access it and can file objections within 12 months.
