A Patent is a government authority given to you to stop others from re-using, making, or selling the inventions without your permission for a fixed period by the government. In India, the patenting system is governed under The Patent Act, 1970 and The Patent Rules, 1972.
It is a form of Intellectual property which gives the owner the legal right to someone else from reusing, making or selling your invention. Once your Patent is registered under the law, the owners are allowed to take legal action or sue for damages in case of any patent discrePANcy.
Drafting of patent application
Once the search is complete and thoroughly done, the next most important step involved is to prepare an application form.
Each application has to be accomPANied by an application about the specification of a patent. This has to be prepared where one has to provide the complete or provisional specification depending upon the state of the invention (Whether it’s partially completed or completed).
In case one document of provisional utility, a deadline of one year is supplied to finalize the discovery and file the complete application. A patent draft can also be required to be submitted together with the utility/application.
A patent draft will also be required to be submitted along with the application. The draft of the patent is considered a very important document, it will be used by the patent office in deciding whether or not the patent should be granted or not.
Publication of patent application
The patent application filed under the Indian patent office will be published in the official patent journal. This step is taken only after 18 months of filing the application. In case someone wants to get it published earlier, he/she can make a request for early publication. If a restriction is maintained by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal.
Examining of patent application
Every application filed for protection will be examined before a patent is finally granted to any party. The application has to be examined with protection. In advance, one makes a request, the earlier the application might be tested by means of the officer who will take a look at it. Once the patent application is filed, it takes time to be transferred to the patent officer who will move and take a look at the filed application to make sure that the same is in accordance with the patent act and guidelines. A thorough search is conducted by the office where he/she analyses the relevant technology in-depth and raises the objections, if any, it will be communicated. The report issued in this case is called the First Examination Report(FER).
Grant of patent
The patent is granted once all the objections raised by the officer are resolved