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How Does the Patent Process Work in India?

If you’re here, it’s likely that you’ve developed a product that is new and full of potential, and you want to know how to use it to the fullest. The obvious first step to this of course, is to get the patent protection.

So, let’s take a look into how the patent process works in India.

The patent process in India can be broadly divided into three stages; the pre-filing stage, the filing stage, and the examination stage. Let us try to understand these stages one at a time.

During the pre-filing stage, the first step of the process is to conduct a patentability search to check the patentability criteria of your invention. While technically only optional, it is highly recommended that an inventor should conduct this search.

Why should we do this? It is because the patent process in itself is time-consuming and costly. Before embarking on the journey, it’s best to know the probabilities of the patent for your invention getting granted. This can only be known by doing a patent search.

Next comes the filing stage. During the filing stage, a patent specification is drafted and submitted to the patent office along with a number of other required forms.

It is very important to pay attention to these forms and make sure that they are all properly filled out. In addition to this, it is important that the specification is drafted well. Legal protection granted by the patent application is given to the claims as they are drafted in the specification. Cross-checking the claims to make sure your invention is fully covered by them is crucial.

In the examination stage, the patent office examines your application to closely check if your application is fulfilling the patentability criteria or not. If your forms are all in order and your specification is carefully drafted, your patent may get granted then and there.

However, if the examiner thinks your opinion does not fulfil the criteria, further communication with the patent office is required. The patent office gives any applicant the opportunity to reply with both written communications as well as a hearing. After these are done, the examiner may grant a patent if they are convinced that the patentability criteria are met.

To summarize, patent registration in India has three stages- pre-filing, filing, and examination. Once these stages are all covered, you can get the patent granted.

Contact Us at info@thepalaw.com if you want to know more about how patents can be granted!



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