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1. File a Patent Application

2. WHAT IS PATENT?
 Patent word originates from the latin word Patere which means
"to lay open" or "to make available in public domain or for
public inspection".
 A patent is an exclusive or negative right given by a sovereign
state to the inventors for their inventions to exclude others
from making, using, offering for sale, selling or importing the
product or process(s) for the limited period of time.

3. IN INDIA PATENT IS
 The Patents Act, 1970
 The Patents Rule, 2003
 The term which is granted under the patents, Act 1970 is for 20
years from the date of filing of a patent application in a patent
office as per the manner prescribed under the Act or Rule, but
the patent rights are enforceable from the date of grant of a
patent.

4. BENEFITS OF PATENT IN INDIA
 You own the invention for given time
 You can use it to build a business
 Rent it (in this case license it) to existing businesses
 Exclude all others for using, selling, offering for sale and
importing your invention in your country
 You can completely sell the patent to other company

5. GRANT FOR A PATENT
 To get a patent grant, the first most step is to file a patent
application.
 Who can file a patent application?
 Where to file a patent application?
 How to file a patent application?

6. WHO CAN FILE A PATENT APPLICATION?
In India [Section 6 and 134]
 The application can be filed either alone or jointly:
 By any person claiming to be true inventor and first
inventor
 By any person being the assignee of person claiming to be
true inventor and first inventor
 By the legal representative of any deceased person who
immediately before his death was entitled to make such an
application.

7. WHERE TO FILE A PATENT APPLICATION
 Filing a patent application in the Indian Patent Office is the
first step towards securing a patent to your invention in India.
 To file a patent application, a set of forms has to be submitted
to the patent office.
 Indian patent offices are located at Delhi, Kolkata, Mumbai
and Chennai. The patent application has to be filed in the
appropriate office based on your/your company’s location.

8. HOW TO FILE A PATENT APPLICATION?
 Documents can be filed in the patent office
 through online( e-filing) or
 through post or
 can be submitted by hand

9. PROCEDURE FOR FILE A PATENT
 Application for Grant of Patent
 Provisional/Complete Specification
 Statement and Undertaking under Section 8
 Declaration as to Inventor ship
 Request for Publication
 Request for Examination of Application for Patent

10. FLOW CHART FOR FILE A PATENT

11. DOCUMENTS FOR FILE A PATENT
The Documents required for filing a patent application:
 Declaration as to inventor ship
 Statement and undertaking
 Proof of right to make an application
 The authorization of an agent

12. REQUIREMENTS FOR FILLING PATENT
Requirements for Filing Patent Application:
 Ordinary Application:
The first patent application field in the Patent office without
claiming from any application or without any reference to
any other applications under process in the patent office is
called an ordinary application.
Forms for ordinary application:
 Form 1 - Application for grant of patent
 Form 2 - Provisional/Complete Specification
 Form 3 - Statement undertaking u/s 8
 Form 5 - Declaration as to inventor-ship

13.  Form 9 - Request for publication
 Form 18 - Request for Examination
 Form 26 - Form for authorization of a patent agent/or any
person in a matter or proceeding under the act
 Form 28 - To be submitted by a small entity
 Convention Application:
An application for patent filed in the Patent office, claiming
a priority date based on the same or substantially similar
application filed in one or more of the convention countries
is called a convention application.

14. Forms for Convention Application
 Form 1 - Application for grant of patent
 Form 2 - Provisional/Complete Specification
 Form 3 - Statement undertaking u/s 8
 Form 5 - Declaration as to inventor-ship
 Form 9 - Request for publication
 Form 18 - Request for Examination
 Form 26 - Form for authorization of a patent agent/or any
person in a matter or proceeding under the act
 Form 28 - To be submitted by a small entity

15. COST OF FILING A PATENT
There are two elements for cost of getting patent / filing patent
in India:
 The Government fees for Forms, requests and renewals.
 Professional Charges for patent professional, patent agent
/ attorney
Government fees too, are different for an individual inventor
and a company. and fees for patent application also differs based
on number of claims and pages in the specification.

16.  The cost to file a patent is approximately Rs. 45,000 to
Rs 65,000 (Assume)
 This cost requires in stages as your invention proceeds
from Novelty Search (about Rs. 15000), Patent
drafting and Filing in India (about Rs. 30,000) and
after 1 to 2 years for responding to office actions
 If any objections are taken by controller in examination
report on application about your invention, such response
to office actions typically requires (about Rs. 15000).

17. How you will need charges as per stages in patent filing:
 Stage 1: invention disclosure
 Stage 2: Novelty search (patentability search)
 Stage 3: Decide to file patent application
 Stage 4: Patent drafting (patent writing)
 Stage 5: Filing Patent application
 Stage 6: Request for Examination
 Stage 7: Responding to objections in examination report
 Stage 8:Respond to objections
 Step 9: Grant of patent
 Stage 10: Renewal of Patent fees

18. WHO CAN APPLY FOR A PATENT?
 Business owner : with an idea or product to patent
 Research Scientist : with a new concept, formula to
patent
 Professional (employee) : with new idea for software or
business method
 ME or PHD holder : with research project to patent
 Student : with intent to learn more about patents and
how they can protect your ideas