5 steps to apply for a patent in Pune

A patent will prevent duplication and safeguard the creator’s rights to make, use or sell his product.

A patent is a statutory right to the inventor or the applicant by the government for his invention which is either a new process or product. A patent will prevent duplication and safeguard the creator’s rights to make, use or sell his product.

A patent is a statutory right to the inventor or the applicant by the government for his invention which is either a new process or product. (Getty Images/iStockphoto/ photo for representation only)

Step 1:

Fill up the application form available online at www.ipindiaonline.gov.in/online, physically deliver it or courier it to the patent office in Mumbai. (Mumbai patent office address: Boudhik Sampada Bhawan, Antop Hill, SM road, Mumbai - 400 037).

An applicant is required to file Form 1 which is a request for filing an application and Form 2 which is either a provisional or complete specification with drawings, if any. In addition to these, an abstract of the invention is also required.

Step 2:

The patent office will make your application for a patent public including your abstract, drawings if any, name and address, and date of application. A pre-grant opposition to the patent can be filed by anybody.

Step 3:

The applicant must now file for a request for examination. The request for examination can be filed within a period of 48 months from the date of priority or the date of filing of the application. An examination for patentability and other requirements under the act will be made.

Step 4:

After the examination, a First Examination Report will be issued (FER). After the issuance of a FER, the application must be put in order by the applicant within six months. A re-examination of amended documents will be conducted.

Step 5:

If objections are outstanding, the controller will offer a hearing to the applicant. If the objections are met within six to nine months, a patent will be issued.

What is patentable?

Any article, apparatus or machinery or its component, any substance whether living or non-living, product , pharmaceutical product, any composition of matter, pharmaceutical products, any process, manner or art of manufacturing other than the essential biological process.

What does not fall within the scope of Section (3) of Patents Act, 1970?

Inventions falling within the scope of Section (1) of sub-section 20 of Atomic Energy Act, 1962- For example : inventions relating to compounds of –Uranium, Beryllium, Thorium, Plutonium, Radium, Graphite, Lithium and more as notified by central government from time to time

Patent term:

The term of every patent granted is 20 years from the date of filing of application.

Fees for e-filing of a patent application:

Person or a startup: Rs 1,600

Small entity: Rs 4,000

Others: Rs 8,000

Fees for physical filing of a patent application:

Person or a startup: Rs 1,750

Small entity: Rs 4,400

Others: Rs 8,800

“Once you register a patent application online , it takes three to four months for final granting of the patent. After that if anybody tries to copy a patent without the permission of the original owner, then he is liable for criminal prosecution. A patent ensures that the legal right of the original applicant is protected by law at all times.”

-Advocate Milind Pawar