IPR (intellectual property right) has become an inevitable tool in the current economy, without which no big company can survive. As per the government of India’s (GoI) Atma Nirbhar Bharat scheme, many companies have looked at innovation, which was already one of the most important sustainable development goals set by the central government.
Besides the Atma Nirbhar Bharat scheme, many other initiatives have been taken by India’s government (GoI). These contain Make in India, Digital India, Start-up India, and Skill India. The Atal innovation mission breeds creative energies across the whole nation in universities and schools. Under the IPR (intellectual property right) policy, the Cell for IPR promotion and management. CIPAM has been tasked to facilitate the commercialisation and creation of IP (intellectual property) in collab with the office of controller general of patents, designs, and trademarks.
The submission for IPR (intellectual property rights) has rise significantly, especially the TM registration in India is getting a fair lot of IP share. As a result, cascading benefits is experienced in the other intellectual property like patent and copyright. The patent office-initiated functioning as the international searching and examining authority in October 2013.
How can a patent application be drafted?
In case one wants to apply for the patent, then he/she require to know the following steps as given below;
-Once you are done with your own research and development, you must prepare an application. You can proceed with this using form one.
– Each application is to be followed by the patent specification. If you do this, then you require to fill in another named form two. In this other form two, you are obliged to present the complete and provisional specification relying on whether it is completed or partially completed. If you provide the provisional application, you will be given a year-long gap to finalise the invention and submit the corporate application.
– Also, you are obliged to submit the patent draft and file it along with your application. The patent office uses a crucial document to determine whether your invention is allocated a patent.
How can the patent application be published?
– The patent application that is submitted with the Indian patent office can be published in the patents journal.
– It can be done after completing 18 months or one and a half years of submission of application.
– If you want to get the patent published earlier, you are obliged to make a special application using form nine.
Note: If there is a limitation placed under the Indian patent act related to publishing the patent, it would not be published in the patents journal.
How will the patent application be examined?
– Every application that has been submitted for protection will go through the process of thorough examination before it makes its way into the patent journal.
– The application first will be made for examination using form 18.
– Once the application has been submitted, it is to be transferred to the patent officer, who then inspects and examines it to make sure that it is according to rules and regulations that come under the purview of the patent act.
– The officer then goes through a patent search in Indiawhere the technology used for the innovation is analysed in-depth. If he/she finds any objections in the patent application, they will be communicated to the applicant.
– The report issued in this case is known as the first examination report (FER).
– Once all the objections are resolved, the patent will be allocated to the person or the company.
Things you should keep in mind.
Here is the list of things you should do and do not do while submitting the patent application.
– The fees to be concerning patents are given in the first schedule.
– You are obliged to pay an additional ten percent in case you submit the patent application physically.
– Also, you can pay the fee via cash or via any electronic means or bank draft. You will have to make the payment in the name of the controller of patents and draw it on the scheduled bank at the place where the apt office is located. If the draft or banker’s cheque is sent by post, the fee should be deemed to have been paid on the date on which it has been reached to the controller.
– In case of transfer of application from a natural person to other than a natural person, the distinction, if any betwixt the fee should be paid by the new applicant w.r.t. transfer.