How to Apply and File a Patent in India? STEP 1: Invention Disclosure. STEP 2: Patentability Search. STEP 3: Filing an Application for a Patent. STEP 4: Patent Drafting. STEP 5: Filing the Patent Application. STEP 6: Request for Examination. STEP 7: Responding to Objections (if any) ... STEP 8: Grant of Patent.
The search and examination phases constitute the main part of the prosecution of a patent application leading to grant or refusal. A search is conducted by the patent office for any prior art that is relevant to the application in question and the results of that search are notified to the applicant in a search report.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
A nonprovisional utility patent application must include a specification, including a description and a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing, search, and examination fees. Patent Center accepts electronic documents formatted in DOCX.
What must a patent application include? an application form (paper or online form) a description of your invention. claims. an abstract. drawings if they illustrate your invention.
Despite their being hard to spot in the published document, the claims are the most important part of the patent in terms of rights afforded to the patent holder. Claims set the scope of the patent protection.
In this form, you will have to furnish information, such as, name and address of the inventor(s), name and address of the applicant(s), information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed, and some declarations, among other information.
The timing of patent prosecution can vary significantly depending on the number of communications with the examiner. The goal of the USPTO is to issue the first Office Action within 14 months of the application filing date, and subsequent Office Actions within four months of each response submitted by the applicant.
Documents submitted (1) A patent application shall include the following documents: 1) a request for the grant of a patent; 2) the description of the invention; 3) patent claims consisting of one or several claims; 4) drawings or other illustrative material referred to in the description of the invention or patent ...