How to Register Patents in India
New and unique inventions should be registered as patents in India if an inventor wants to obtain exclusive rights to his idea. Similar to the process in the United States, inventors can apply for a patent offline themselves or through a patent agent or online via an e-filing system. Both Indian citizens and foreign applicants use the same process to register patents in India. Upon approval by the Patent Office, patents are valid for up to 20 years if all renewal fees are paid in a timely manner.
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Instructions
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Offline Registration
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Search for prior art or any proof that a previous patent already exists for your invention since one of the requirements of a patent is that it is a completely new idea. You may use a patent agent to aid you in a more thorough search.
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Obtain all required documents from the nearest patent office. Fill out the documents according to the instructions found on each paper and check that all the information is correct and present in its entirety. Generally, these documents include triple copies of the filled-in application form, specifications, drawings and abstract as well as a priority document if a priority date is claimed, declaration of inventorship, power of attorney if filed through a patent agent, two copies of information of any pending or granted foreign applications and application fees of 2,500 rupees ($54.09 U.S. dollars) for Indian citizens or 10,000 rupees ($216.36 U.S. dollars) for foreigners, as of August 2010.
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Submit all documents to the appropriate office which is determined by the territorial limits of an Indian applicant's residence or to the approximate address of service for non-residents. Wait as the patent office thoroughly examines the application and make amendments to your specifications according to the patent examiner's objections if necessary. If there are no objections or oppositions to your application, your patent should be granted and renewable annually through the payment of fees for up to 20 years.
Online Registration
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Check for prior art or previous patents just as you would for offline registration. Patent agents are also available for assistance with online applications.
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Register on the main page of the Indian Patent Office's e-filing site at http://ipindiaonline.gov.in/on_line by clicking on 'On-line Registration for New User." Fill in the appropriate information for each section and upload the digital signature when prompted to do so. The system will generate a unique user name and password for you.
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Login and click on the "Download the Client Software" link then use the newly installed software to fill out and digitally sign the provided patent application. Save the XML file and upload the completed application and any other relevant documents such as drawings. On the following screen, a calculated fee will be shown with the option to pay it. Make the payment using either a credit card or the bank transfer option.
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Use the client software to check your application status anytime after the application and application fees have been submitted. It will show any updates regarding its acceptance, objections, approval or rejection.
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Tips & Warnings
To save time and avoid a rejected application, make sure your application meets the four requirements of patents. It must be novel, not obvious, able to be duplicated by a skilled person and clear in terms of its claims.
Patents need to be filed in each country you are seeking exclusive rights for your invention. Filing in India alone will not protect you in other countries.
References
Resources
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Comments
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It is very usefull..
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is that international valid
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aleauvaux
Aug 08, 2010
how much time minimum will it take for patent application to be approved?
