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How to Get Patent in India | By Ishan [Hindi]
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How to Get Patent in India | By Ishan [Hindi]
When you have spent a great deal of time and energy creating something new, it is in your best interest to protect it from letting anyone else use it without your permission or knowledge. A patent is the right granted to you by the government for a specific period of time, which prevents anyone else from using, selling or manufacturing your invention.
Before you get a patent, it is important to know if your invention is patentable or not. For this you must conduct a patentability search to verify whether your invention meets all patentability criteria as per Indian patent act i.e.,
1. Novelty / New
2. Non-obviousness / Inventive Step
3.Industrial application / Utility
The patentability report and opinion will help you decide whether to go ahead with the patent or not.
The next step is to draft a provisional application describing the details of your working idea/product. For drafting you may hire professionals, which is always more helpful. The benefit of filing a provisional application is helpful in restoring the priority date (earliest filing date). You get 12 months to complete the specification, as after 12 months your patent application will be abandoned.
Documents required to file Provisional patent applications in India: Your documents must be in order. Without proper documents and specifications, you are throwing a stone in the river without knowing where it will go. Mentioned below are the lists of documents that are required to file a provisional patent application in India.
A. Form 1 ( Application for grant of patent)
B. Form 2 (Provisional Specifications)
C Abstract of the Invention.
D. Form 5 ( Declaration of Inventorship)
E Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary, otherwise not.
F E-filing fees (Patent Statutory fee) (Electronic Payment)
G. Form 3 (Corresponding foreign patent application statement and undertakings)
H. Priority Document ( This is used for convention applications if priority date is claimed)
I. Illustrations/Drawings of the invention.
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