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India is a unique place. The sub-continent was the cradle of many great civilizations, including those that developed artillery and nuclear weapons. As a result, India has one of the world’s most well-educated populations. However, its patent system is in need of reform to better protect inventor’s secrets. If you are an inventor looking to file for a patent in India, you might want to keep reading to get a better idea of what kind of process would qualify as a new and useful invention. You probably already know that filing for a patent in the United States or another major world patent office takes much time and cost — but in India it can also be difficult and expensive. Thankfully, there are other ways to secure your intellectual property rights without leaving your home country. Keep reading to learn more about how to file for a patent in India.

What is a patent in India?

A patent in India is an exclusive right granted to an inventor by the government to prevent others from making, using, or selling an invention for a period of 20 years. The patent lasts for the life of the inventor plus 50 years after the invention’s discovery or invention disclosure, as the case may be. There are a few different types of patents available in India: utility patents; design patents; plant variety protection ( potato, cotton, and so on). A utility patent is what you might think of as a “grab-and-mine” patent — it covers a wide variety of goods and lets the patent holder take everything they can from the idea. A design patent is more lucrative and protects an idea’s visual form, while a plant variety protection protects the greenhouse-grown plants used to create the new item.

What does the process for filing for a patent in India involve?

The patenting process in India is very different from that in the US or anywhere else in the world. In order to file for a patent in India, you must first apply to the Patent Office through a centralised system. The Central Board of Trustees of the Patentshee Estate, which owns the patent office, oversees the application process. The Board maintains a centralized database of inventors that contains information about each patent application it receives. This information includes the name, address, telephone number, and email address of the applicants. Once the patent application is received, the team of experts responsible for examining patent applications selects a portion of the database to be examined. Like any other patent, the patent application must include information about the invention, including documents and examples demonstrating the invention’s functionality. The team also requires the applicant to pay a fee, which varies according to the type of patent applied for.

How to File a Patent in India: What to Know and Step-by-Step Guide

The process for filing for a patent in India is quite different from that in the US, however, there are some commonalities. Like in the US, you must be at least 18 years of age to apply for a patent in India. You will fill out a form called an “application form” that includes information about the invention, including its description, technical details, and its basis in patentable subject matter. The application form can be found on the website of the Central Board of Trustees of the Patentshee Estate. After you file your application, the team of experts reviews it to ensure that it qualifies for patent protection. If the application is found to be patentable, the team sends a letter to the applicant notifying them that their application is under consideration for a patent. If the application is approved, the experts sign a legal agreement acknowledging that they have found the invention patentable. They are also required to pay a fee, which varies according to the type of patent applied for.

How to Apply for a Patent in India: What to Know and Application Process

After your application is approved, you will need to hire a patent attorney. Most patent offices require an attorney to assist in the application process. If you want to apply for a design patent, you will need to hire an attorney. After you hire an attorney, the next step is to file a “meeting of the minds” application with the Patent Office. This application is different from the usual “meeting of the lips” applications because it is intended to convince the Patent Office that the two of you understand the nature and scope of the patent you are seeking. You will need to fill out a separate “miscellaneous application” to file this application. The meeting of the minds application is time-consuming and require a large team of lawyers. The application typically takes about a year to grant. Once the patent is granted, you will have to pay a fee again to cover the costs of the patent application and grant.

Bottom line

If you are looking to file for a patent in India, you need to be aware of several things first. Like the US, India has a system of patent offices that are divided into several departments, including a patent division. You can find more information about the different patent offices and their processes in India on the website of the Central Board of Trustees of the Patentshee Estate. As with any patent application, you will want to ensure that you fully understand the process and any requirements that may apply to your particular patent. If you are unsure whether you qualify for a patent or not, it is best to speak with an attorney about your plans. A great deal of time, money, and effort goes into securing a patent in India and you don’t want to waste it without having a valid reason for why you have chosen to pursue this path.