Patent filing procedure and process : An exclusive guide

Patent filing procedure has suddenly gained momentum, as India is slowly moving towards becoming an innovation hub in Asia.

The Indian government has taken initiative in encouraging innovators and startups, which has played pivotal role and has eventually lead to increase in patent filing and application in India. Recently, India ranks 42 among 55 leading global economies on international Intellectual property Index 2023, which implicates India can become leader for emerging markets which are seeking to be transformed through IP driven innovations.

Grant of Patent provide safeguard to the inventors from infringement as well as provide exclusive right over their invention.

Patent application can be filed in India at Indian patent office or through E-filing portal of the patent office. Patent office in India are located in Chennai, Delhi , Mumbai and Kolkata.

The patent application can be submitted at the appropriate office. The patent office is determined on the basis of :

• Where the applicant reside.
• Has a place of business or
• The place from where the business has originated.If the applicant, who is a non resident of India or has no place of business in India, In that case patent agent (professional licensed by the law to assist inventors with patent application) can determine appropriate patent office where, application for patent can be filed.

Physical document for applying at Indian Patent office

Document required for E-filing

• Login ID, passwords, digital signature, valid banking facility.
• All necessary physical document mentioned in the physical filing process in PDF format.
• Statutory fee through payment gateway.

Hard copy of the requested document duly signed by the applicant/ agent should be sent to jurisdictional patent office if requested by the controller.

https://ipronline.ipindia.gov.in/epatentfiling

https://ipindia.gov.in/e-gateways

Conclusion

The process and procedure of patent filing in India is very systematic and scheduled; It is inevitable to meet the deadline for submission of all necessary document and forms in a given time period to avoid any complication.

One can always seek the help of patent attorney to navigate the patent process easier.