Filing patent application
Filing patent application into patent office: Based on the readiness of your invention, the decision has to be made whether to go for provisional patent application or complete patent application. If you are not quite ready with complete invention and requires further research and development yet you don’t want to lose on priority date for filing patent application then going for provisional patent application is recommended.
There are many advantages for filing provisional patent application explained in article Provisional patent application
The patents are territorial in nature, so if you file patent in India, you are getting protection in India only. You cannot stop use of invention outside India then. Therefore, if you desire that your invention should be protected in multiple countries, depending on your preference of countries Different options, paths and strategies for filing patent application is to be adopted with the guidance of patent agent/attorney.
International patent application:
- different options and routes available
- strategies to go about international patent filing
- Patent Cooperation Treaty (PCT) application
- Paris convention and other routes
the details about PCT patent application is explained in International Patent application – Patent co-operation treaty (PCT)
The patent application is filed in form 1, which is always accompanied by either provisional or complete specification in form 2.
| Responsibilities | ||
| Inventor |  | reviewing patent application. Signing formalities like forms, (power of attorney) to submit along with the patent application. |
| Patent agent or attorney |  | preparing patent application for filing. Recommending best filing route and options for international patent application (if required). Submitting relevant forms and fees in prescribed manner |
| Patent office |  | receive patent application and provide the receipt along with date and time of filing the patent application. |
Refer : Documents required for filing of A Patent Application
Attorney fees for filing a patent application in India : Generally, there is no professional fees charged for patent filing patent application (provided fees are paid for patentability search and patent drafting )
Official fees for filing a patent application in India : There are many things needed to consider before giving an exact fee amount, as it depends on the number of sheets in the patent specification, the number of claims, etc. but below are approximate costing for this stage.
Government forms and fees: The relevant form for patent application is Form 1
| Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others | |
| Application for grant of patent | 1600 or (USD 19) | 8000 or (USD 96) |
E-filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| For Filing Patent Application | 1600 | 8000 |
| For each sheet of Specification in addition to 30 pages | 160 | 800 |
| For each claim in addition to 10 claims. | 320 | 1600 |
Physical Filing
| Particulars | Individual inventors Natural person(s) or Startup(s) or Small entit(y)/(ies) or educational institution(s) | Others |
| For Filing Patent Application | 1760 | 8800 |
| For each sheet of Specification in addition to 30 pages | 176 | 880 |
| For each claim in addition to 10 claim | 352 | 1760 |
Time: the time required is less than 1 day (if filed online)
The outcome of this filing patent application is :
- You receive a receipt for filing patent application in government patent office with invention title, your name along with time and date of filing.
- Now, your invention is safe and you have secured a priority date for your invention, which makes you less worried about confidentiality and safety of your invention.
- The patent application will be taken to subsequent steps as per forms, requests and fees submitted as per standards.
check form 1 and form 2 for details on the government patent website http://www.ipindia.nic.in/form-and-fees.htm
Understanding Patent Filing and Patent Pending Status
Once the patent application filed at patent office, then we are in the “Patent Pending” or “Patent Filed” status. This status, which begins from the moment your patent application is filed, carries significant benefits and opportunities for your invention and business.
Advantages of “Patent Filed” or “Patent Pending” Status
1. Legal Protection
While the patent is pending, it acts as a deterrent to potential infringers. Although it doesn’t offer full legal protection like a granted patent, it signifies that legal protection is forthcoming, which can discourage competitors from copying your invention.
2. Market Positioning
Announcing your product as “Patent Pending” enhances its market perception, adding a layer of seriousness and innovation that can attract investors, partners, and customers.
3. Investor Appeal
Investors, bankers, and funding providers take you more seriously if you have a patent pending for your invention. This status can make your business more attractive to investors. It signals that you are committed to protecting your intellectual property, a key factor in the valuation of a startup or a growing business.
4. Licensing Opportunities
Even with a pending patent, you can begin discussions for licensing your invention. This can be a significant revenue stream and can also expand your invention’s market reach.
5. Negotiation Leverage
In business deals, a patent pending status can provide leverage, especially in industries where intellectual property is a crucial asset.
6. Foundation for Global Patents
Filing in one country can serve as a foundation for seeking patent protection in other countries, providing a global competitive edge.
7. Retroactive Protection
Once your patent is granted, you may seek damages for infringement that occurred while your patent was pending, subject to certain conditions and jurisdictions.
Activities You Can Undertake with “Patent Pending” Status
The grant of a patent typically takes more than 2 or 3 years by the normal route and within 1 year by the expedited route. However, you don’t need to wait for the grant of a patent to do almost 95% of the things you wanted to do with your invention. After filing the patent application and receiving the patent pending or patent applied status along with the patent application number, you can do the following:
- Market and Promote Your Invention: Use the “Patent Pending” label to enhance your product’s market appeal.
- Disclose the Invention: Share your invention without fear of losing its confidentiality since the patent is already filed, securing the priority date.
- Engage with Investors: Talk to investors or bankers for funding with the confidence that your invention is protected.
- Initiate Licensing Discussions: Start discussions with potential licensees or partners to explore commercialization opportunities.
- Present in Seminars or Conferences: Share your invention in public forums to gain recognition and feedback.
- Prepare for Market Entry: Explore and prepare strategies for entering the market.
- Continue Development: Keep improving your invention while it is under patent pending status.
Patent Application Number
Your patent application has been assigned a unique patent application number. This number is crucial for several reasons:
1. Tracking and Reference
The patent application number allows you and others to track the progress of your application through the patent office. It serves as a reference in all official communications and documents related to your patent.
2. Verification and Authenticity
The application number can be used to verify the authenticity of your patent filing. Potential investors and partners may request this number to confirm that your patent application has been filed.
3. Legal Documentation
In the event of any legal disputes or enforcement actions, the patent application number serves as an essential piece of documentation. It establishes the priority date of your invention and your rights to it.
Moving Forward
With your patent application filed, you can now confidently move forward with your plans for your invention. Whether you intend to market, license, or sell your invention, the patent pending status provides a layer of security and assurance that your intellectual property is on its way to being protected.
Remember, the “Patent Pending” period is an opportunity to establish your presence in the market and lay the groundwork for the commercial success of your invention.
Please feel free to reach out if you have any questions or need further clarification on leveraging your “Patent Pending” status.
step 3 : Publication of application
- Indian Patent Office, Govt. of India
- Patent Facilitator for Start-ups, Startup India Govt. of India
- Bachelor’s degree in Electronics and Telecommunication engineering.
- Author of multiple books on Patents and IPR including a best-selling book on “How to patent an idea in India” which has been selected as the “Memorable Business Book of 2018” by Amazon
- Books are included in the syllabus of Educational Institutions as textbook and reference book on subject of IPR and Patents
- For over 15 years, Prasad has helped protect the intellectual property rights (IPR) of more than 1800 clients, including individuals, entrepreneurs, and educational institutes. This includes patents, trademarks, designs, and copyrights.