- The next step after the search is complete is to prepare the application form in Form 1.
- An application for a patent has to be accompanied by a patent specification, which must be prepared using form 2 where the specification must be complete or provisional depending on the state of the invention. A 12-month period is provided to finalize the invention and file a complete application when one files a provisional application.
- Patent drafts will also need to be submitted with the application. These drafts are important because they are used by the patent office when deciding whether to grant a patent.
During the patent application filing process, keep these rules in mind
- A list of the fees payable is included in the First Schedule for the grant of patents and applications for patents, as well as for other matters for which there are fees to be paid.
- Physically filed applications for patents and other documents are subject to an additional 10% fee.
- In addition to cash or electronic payments, bank drafts or banker’s checks can be sent to the appropriate office to cover the fees payable under the Act or the rules. It is drawn on a scheduled bank at the place where the appropriate office is located and is payable to the Controller of Patents. On the date on which the draft or banker’s check actually reaches the Controller, the fees shall be deemed to have been paid if the draft or banker’s check has been sent by post.
- It is the responsibility of the document owner to provide the entire fee accompanying a document if a fee is payable.
- A new applicant with the transfer request must pay the difference between the fees if the application was transferred from a natural person to another.
Is it Beneficial to File a Provisional Patent Application Before Filing a Patent Application?
If you file for a provisional patent application, you are guaranteeing your date and work. Your competitors can’t file for the same invention at the same time.
- India follows the first-to-file system, which ensures that holders of provisional patents have a good chance of obtaining permanent ones
- An application expires after 12 months if you have not further developed your invention and specified all the details.
- When compared to a permanent patent application, provisional patents are less expensive and require fewer resources
- Before filing a complete specification, the provisional specification allows you to assess the indian patent
- You can file a complete patent application once you are ready with your R&D and detailed specifications for your invention.
Frequently Asked Questions about E-filing an Indian Patent
- Can anyone apply for a patent?
There are two ways to file a patent: by the inventor himself (alone or with other people) or by his assignee.
- What is the cost of getting a patent in India?
Patent filings with Vakilsearch cost between $35,000 and $40,000.
- How are patents classified?
A utility patent, a design patent, and a plant patent are the three types of patents.