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How to File Patent Application

How to File Patent Application

Patent Applicant

A patent application cane be made by a person either alone or jointly or with any other person who is the true and first inventor or legal representative of the true and first inventor or true and first inventor’s assignee. As per the Patent Act, the term “person” includes any company or association or body of individuals, whether incorporated or not.

In case the true and first inventor does not include either the first importer of an invention into India or a person to whom an invention is first communicated from outside India. Then, the applicant is required to disclose the name, address and nationality of the true and first inventor.

Often times, employment contracts require those under employment to assign any intellectual property created during the course of employment to the business or organisation. Hence, assignee can be a natural person or a registered company, an organisation, an educational institute or government. Wherever, the inventor is not the applicant, a proof of right to apply by way of an endorsement or an assignment deed must be submitted by the patent assignee.

E-Filing of Patent Application

Most patent applications in India are e-filed through the facility offered by the Patent Office in India. The procedure for patent filing and list of documents required for patent application is covered in other articles.

Patent Office Jurisdiction

Patent application can also be manually filed at a Patent Office having jurisdiction by the applicant or through a Patent Attorney. Jurisdiction of a patent office is decided based on the following:

  • Place of residence, domicile or business of the applicant (first mentioned applicant in the case of joint applicants).
  • Place from where the invention actually originated.
  • Address for service in India given by the applicant, when the Applicant has no place of business or domicile in India (Foreign applicants).
  • India has four Patent Offices with jurisdiction across India at Kolkata, Delhi, Chennai and Mumbai. The following is the jurisdiction of each of the Patent Office in India:

    How to File a Patent in X Steps

    1. Search the United States Patent and Trademark Office. Before you invest another dollar or minute of your time, use this search engine to make sure your idea hasn't already been patented. Make sure your idea is something you can patent using this resource from the USPTO.

    2. Find a patent attorney. The application process can be made much simpler with the assistance of an experienced attorney, who can also help you avoid mistakes that could prove costly later on. Stephen Key has a great resource here on what to look for in a patent attorney.

    3. Determine what type of patent you need. Do you need a Utility, Design, or Plant patent? This will guide the process you'll use to apply for the patent.

    4. File a provisional patent application. This offers a layer of protection in case someone later claims they had the idea before you did. As Issie Lapowsky points out, U.S patent law is a first-to-file system, not first-to-invent. You have to move fast, or you're screwed.

    5. Become a Registered eFiler. You can file your patent application by mail or by fax, but the easiest way to do it online through the USPTO website. Get your eFiler registration out of the way and read up on their most recent filing resources to make sure you know what's expected of your application.

    6. Gather information for your formal application. You're going to have to prepare a specification, which includes an abstract, background, summary, a detailed description and your conclusion, including the ramifications and scope. In addition, you're going to have to define the legal scope of your patent and again, I'd advise you to use an experienced patent attorney unless you're 100% confident you have the skills and experience to handle this on your own.

    7. Complete and review your formal application. It takes one to three years, on average, for a patent application to process. You don't want it rejected for unnecessary errors or simple mistakes, so make sure you get it as close to right as possible the first time.

    8. Participate in the patent process. You'll have one patent examiner assigned to your case. If you receive any correspondence or requests from them, respond as soon as you possibly can. Keep in mind that if you have an attorney, the USPTO will communicate directly with them, so you'll need to get your updates there. You can help move things along faster by being proactive in communicating with the patent examiner; consider arranging an interview to address any of their concerns (you can do this by video conference).

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    21 July, 2018

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