This is initial phase when you disclose your invention to the patent professional (patent agent) by signing a Non-disclosure agreement. Here you should submit each know fact about your invention, description diagrams and experimental results (if any).
In this phase, patent professional performed an extensive search for prior art in all possible databases for patent, articles, thesis etc... And builds a patentability search report based on closest prior art found for your invention.
On reviewing the patentability search report and discovered closest prior arts for your invention you can take a decision whether to go ahead with patent application filing.
Your invention needs to have “inventive step” as compared with existing prior art to be able to qualify for a patent. The inventive step is achieved when your invention has either ‘technical advance’ or ‘economic significance’ or both over existing prior arts.
When you decide to go ahead with patent filing next step is writing patent application also called as patent drafting.
Drafting a patent application is a specialized job and requires both technical (field of invention) and legal (Indian patent act) understanding.
Patent is a techno-legal document. Many inventors trying to write patent application on their own writes it from completely technical perspective. Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application not worth a lot. And all the efforts you took for research and development can go waste.
Hence, right patent professional (patent agent) with appropriate experience can remarkably add value to patent application.
Patent filing involves patent office fees. When you done with the review of patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application is prescribed manner. If you do not file request for early publication, the patent application will be published on expiry of 18 months.
The request for examination is to be made within 48 months from the date of filing the patent application, along with prescribed form and fees. This is the request made to Indian patent office to examine you patent application.
The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant.
Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report along with patent professional (patent agent) and creating a response to the objections raised in the examination report.
This is a chance for an inventor to communicate his novelty or inventive step over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s.
The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time.
Maintaining patent for its entire life time that is 20 years from filing date requires renewal fees to be paid to patent office as mentioned in link here
Filing a patent can be a highly complex and arduous process to not only carry out but to also comprehend. The intricacies of each stage of the patent filing process including -
verifying the patentability of your invention,
drafting a compelling patent application,
submitting the application to concerned authorities,
dealing with delays and necessary adjustments,
publishing the patent application,
requesting the examination of the patent application,
obtaining the final patent for your invention, and
renewing the patent for your invention,
make it a difficult undertaking not only for first-timers (who have no experience or knowledge of the process whatsoever) but also for veterans (who already have a number of patents to their name). This is where the expertise of United Innovators comes into play. We can help you acquire a patent for your invention in no time at all, allowing you to focus on other important aspects of your career and research work.