In India, the Patents Act is the main body for the filing and regulation of existing and new patents. If the applicant is not an Indian citizen, he or she must file the application in their respective jurisdiction (where the applicant’s service address is located).
Steps for applying for a patent
You can choose for yourself to apply for a patent or to register with the help of registered agents. When it comes to the cost of obtaining a patent, the following are two factors:
- Government fee for forms and renewals
- If you choose an agent, there is a fee for the professional
It is always suggested to obtain a patent through a registered agent. Given below the steps that are requisite to apply for a patent:
Step 1: Invention disclosure
The first step is that you need to disclose your invention to the professional. It is always advisable to present every known fact about your invention. Do not take anything back.
Step 2: Patentability Search
First step for patent registration in delhi is conducting patent search. There are different kinds of patent searches that exist:
- Novelty search
It is also known as patentability search and is conducted before filing a patent application to ensure that the invention is new.
- Freedom-to-Operate search or Clearance search
When a patent is granted, patent holder has right to prevent people from using the patented technology. Although third party is stopped from infringing the patented technology but freedom to operate analysis is required to be performed before the patented technology is brought in the market.
- Validity Search or Invalidity Search
- State of the Art Search
It provides a long time market advantage, by helping make strategic decisions at the corporate level.
Stage 3: Filing of Patent Application
Stage 4: Publication
Stage 5: Examination
Stage 6: Opposition
- Pre-grant Opposition
- Post-grant Opposition
Stage 7: Grant
If the application satisfies all the requirements, the application is said to be in order for grant. The patent will be valid throughout India..
Stage 8: Term
Annuity fee is payable every year to keep the patent in force.