An Indian Civilizational Perspective

How to file Patents in India

Patents are the “a set of exclusive rights granted by a state (national government) to an inventor or their assignee for a limited period of time in exchange for a public disclosure of an invention.”

In India, the patent filing process can take upto 5 years from start to finish. Please remember that Patents are earned for one specific nation and not enforceable across the world, so if you want to enforce your Patent in another country, you would need to file for it in that nation as well.

Steps to filing for a patent in India

1. Go to the e-filing Patent Portal of Government of India
2. Click on link ‘On-line Registration for New User’
3. Get the User ID and password by completing the Online Registration process
4. Login in to the portal now using the User ID and password just created.
5. Download Client Software for preparing Patent Application(s) offline
6. Fill Patent Application offline and generate an XML file using Client Software.
7. After creating application(XML) file offline, Digitally Sign the XML file(Max. file size permitted 15 MB) for uploading on to the IPO Server.
8. Login to the e-portal for the Patents to upload the XML Application to the IPO Server.
9. Submit the digitally signed XML file
10. Process the EFT transaction for payment of fee for the application.
11. Review your application status and the acknowledgement.
12. Print the Acknowledgement.

Offline Filing

1. Do a global search to establish the exclusivity of the product and create the draft drawings and diagrams.
2. Collect Form 1 (Applicant Details), Form 2 (Invention Specifications) and Form 18 (Formal Request for Examination) from the nearest Patent Office.
3. Forms 1 and 2 are required for initial filing and Form 18 can be filed within an year of filing for the patent. To expedite, you may file all of these forms simultaneously.
4. 18 to 30 months after the filing, look for the information of your product in the Official Patent Gazette published by the Patent Office. This allows you to market the product.
5. 6 months after the notification in the Official Patent Gazette, the Patent Office will issue the First Examination Report. Form 18 should have been filed prior to this.
6. 8 months after the First Examination Report, Patent Office issues a Grant Order.
7. One year after the Grant Order, the Patent Office issues a Certified Letter for the Patent.
8. You now have exclusive rights to your the Patent in India for 20 years!

PS: to speed up the process, you may file Form 9 (Request for Publication), along with requisite fee [INR 2500 (Individuals); INR 10,000 (Companies)]. The time taken for the publication in the Gazette may reduce to 4 to 6 months as opposed to 2 – 3 years.

Patent offices

1. Patent Office Branch, Mumbai

Jurisdiction of the office: Maharashtra, Madhya Pradesh, Goa, Chattisgarh, Union Territories of Daman & Diu, Dadra and Nagar Haveli

Contact Information

The Patent Office
Boudhik Sampada Bhawan, SM Road, Near Antop Hill Post Office, Antop Hill,
Mumbai – 400 037

Phone: 24137701, 24150381, 24141026, 24148165, 24171457
Fax: 24130387
Email: mumbai-patent@nic.in

2. Patent Office Branch, New Delhi

Jurisdiction of the office: Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttaranchal, Delhi and Union Territory of Chandigarh

Contact Information

The Patent Office
Intellectual Property Office Building, Plot No 32
Sector 14, Dwarka, New Delhi 110075

Phone: 011-28034304, 28034305, 28034306
Fax: 28034301, 28034302
Email: delhi-patent@nic.in

3. Patent Office Branch, Chennai

Jurisdiction of the office: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Union Territory of Pondicherry and Lakshwadeep.

Contact Information

The Patent Office
Intellectual Property Office Building,
G.S.T Road, Guindy
Chennai – 600032

Phone: 044-22502081-84
Fax: 044-22052066
Email: chennai-patent@nic.in

4. Patent Office Branch, Kolkatta

Jurisdiction of the office: Rest of India

Contact Information

The Patent Office
Intellectual Property Office Building,
CP-2 Sector V, Salt Lake City,
Kolkatta – 700091.

Phone: 033-23671945-46, 23671987
Fax: 033-23671988
Email: kolkatta-patent@nic.in

Reference Links

1. Patents (Wikipedia)

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