Patent Registration

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Patent Registration

Patent Registration

File with the applicant/inventor details, Form-26 (PoA), Form-5 (Inventorship), entity proof (Individual/Startup/Small/Others), and a Provisional or Complete Specification with title, abstract, description, claims (for Complete), and formal drawings; add priority documents/translation and sequence listings where relevant. After e-filing, you can opt for early publication; submit the Request for Examination within the deadline, respond to FERs on time, and consider PCT/convention filings within the priority window. Patents run for 20 years from filing/priority with annuity renewals starting year 3.

Process & Timeline

  • Patentability Search & Opinion (3–5 working days)

    We scan Indian and global prior art to assess novelty and inventive step, highlight closest references, and refine the claim strategy so you know exactly what to file and how to position it.

  • Drafting – Provisional (5–10 working days)

    When the invention is still evolving, we draft a Provisional Specification that secures an early priority date while you continue R&D. You review, we iterate, and then proceed to filing.

  • Drafting – Complete (7–15 working days)

    For examination and grant, we prepare a Complete Specification with full description, formal drawings, and legally robust claims tailored to your commercial goals and field of invention.

  • E-Filing (Application Number Issued Instantly)

    We submit Form-1 (Application), Form-2 (Specification), Form-5 (Inventorship), Form-26 (Power of Attorney), entity forms, and annexures on the IP India portal. The application number is generated immediately.

  • Publication (Default at 18 Months or Early in ~1–2 Months)

    Your application is published automatically 18 months from the priority date, or sooner on request via Form-9 (Early Publication) to accelerate public visibility and downstream actions.

  • Request for Examination (Within Statutory Window)

    We docket and file the RFE via Form-18, or Form-18A for eligible expedited cases, ensuring the application progresses to examination without lapse.

  • Examination & FER (Typically 12–24 Months; Faster if Expedited)

    The Patent Office issues a First Examination Report outlining objections and cited prior art. Timelines vary by technology group and workload, with expedited tracks moving significantly faster.

  • Response & Hearing (As Needed)

    We prepare technical/legal arguments, amend claims where strategic, and handle hearings if scheduled—aiming to overcome objections while preserving claim scope.

  • Grant & Journal Notification

    Upon acceptance, the patent is granted and notified in the Patent Journal. You receive an e-certificate and can mark products and documentation with the patent number.

  • Post-Grant Maintenance

    We manage annuity renewals annually from year three and file the Statement of Working (Form-27) per current rules, keeping your patent enforceable and compliant.

  • Expedited Examination (Eligibility-Based)

    Startups, certain notified categories, and select PCT cases with ISA/ISEA reports may qualify for expedited examination. We assess eligibility and execute the fast-track strategy end-to-end.

Patent Registration FAQs

Patent vs. trademark vs. copyright—what’s the difference?

A patent protects technical inventions; a trademark protects brands/names/logos; copyright protects original literary/artistic/software expression—not the technical idea.

What happens after grant?

Maintain the patent with annual renewals from Year 3 and file Form-27 (statement of working) per current rules. Record assignments/licences for enforceability.

What are the typical costs?

Total = professional fees (search, drafting, drawings, filing, responses) + Government fees (entity-based slab; extra claims/pages add cost). We optimize entity status (Individual/Startup/Small/Others) to reduce Govt. fees.

Can I file abroad after filing in India?

Yes. Use PCT or convention filings within 12 months of the first filing to keep global options open; national phase entry is typically due at 30/31 months.

Will you keep my invention confidential?

Yes. We operate under NDAs, secure workflows, and share only what’s required for filing. Before publication, details are confidential as per law.

What is an FER/office action and how is it handled?

The First Examination Report lists objections/citations. We draft technical/legal arguments, propose claim amendments if strategic, and handle hearings to move the case to grant.

Who is eligible for Expedited Examination?

Typically startups, certain notified categories, and some PCT cases (e.g., with ISA/ISEA reports). We assess eligibility and file under Rule 24C where possible.

What is the Request for Examination (RFE)?

It triggers substantive examination. File Form-18 within the statutory window (or Form-18A if expedited). Without RFE, the application won’t be examined.

What is Early Publication and why use it?

Default publication is at 18 months from priority. With Form-9, you can publish in ~1–2 months, improving visibility for investors/partners and enabling earlier examination milestones.

How long does the process take?

Typical: search 3–5 working days; drafting 5–10 (Provisional) / 7–15 (Complete); first examination (FER) ~12–24 months (often faster on the expedited track if eligible); grant follows once objections are overcome.

What documents are required to start?

Applicant/inventor details, Form-26 (PoA), Form-5 (Inventorship), specification (Provisional/Complete) with formal drawings, entity proof (Individual/Startup/Small/Others), and (if applicable) priority documents and Form-3.

What can/can’t be patented in India?

Patentable: novel, non-obvious, industrially applicable products/processes. Generally excluded: abstract ideas, business methods, mathematical methods/algorithms as such, and certain medical methods. Software may be patentable when it produces a technical effect with hardware—case-by-case.

Provisional vs. Complete—what’s the difference?

A Provisional secures an early priority date while you finish R&D; you must file the Complete Specification (with claims) within 12 months for examination and grant.

Do I need a prototype before filing?

No. You need a complete technical disclosure (description, embodiments, and drawings). A working prototype is not mandatory.

What is a patent and how long does it last?

A patent is a legal right over a new, useful invention. In India it lasts 20 years from the filing/priority date, subject to annual renewals (annuities) from Year 3 onward.

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