How to File a Patent?

It is essential for a patent applicant to file a patent as it helps one to get the legal rights of a certain invention. Furthermore, every patent application starts with an invention and every invention starts with an idea. It is an exclusive right given to the inventor that restricts others from making or selling the same product. Hence, patent filing plays an essential role in protecting your patent before coming into the public domain. To have a protectable invention you need to describe it with enough details in order to make it understandable.

But, if you want to file a patent in India, Your Patent Team is the one stop destination for filing patent.

Essentials of how to file a patent:

In order to file a patent, there are multiple steps one needs to follow to get a patent grant. The process starts with the patent search and goes on until the applicant gets a patent grant. The steps are as follows:

Patent Search:

The first step to file a patent should be a patent search. Doing a patent search is the only way to get a realistic idea about the status of the invention. Hence, this step becomes extremely important for the inventors willing to get a patent. You can perform your patent search here to determine the patentability of the same. Also, it helps in determining that the invention is already in use or not.

Related Article: Patent Search Types: ‘The Major Eight’

Draft Patent Application to File a Patent:

When the patent search completes, the next step is to draft the patent application. So, if you want to file a patent, patent drafting plays a crucial role in the process. Patent drafting is a part of how to patent an idea and is the process of writing the patent description and claims. Also, the patent draft is important as it helps to specify and declare in-depth information about the invention. This, in turn, will help the patent application getting proper protection. Whether you will get a patent grant or not depends a lot on patent draft.

Also, to know how to draft a patent application read, Writing a Patent Draft – The Major Requirements

Filing the Patent Application:

Once you specify all the details and specifications of the invention, filing of the patent application comes into play. If the state of the invention is in process, one must file a provisional application else one can file a complete application. Also, the patent office allots a time of 12 months after the provisional application to file a complete application to the patent applicant. Declaration of the inventor’s name is one of the most important things to mention in the application. So, one needs to submit the patent application to the patent office of the region where the applicant resides.

Publishing of the Patent Application:

After filing the patent application, the patent office publishes your application in the office patent journal. Hence, the publication of only complete application takes place as the patent office does not publish provisional applications. Also, it is important to publish the patent application as early as possible. This is due to the fact that the rights of the patentee start accruing only after the publication date.

Patent Application Examination:

This is probably one of the most important steps in the patent filing procedure. After the publication of the application, it goes to the examiner for examining the patent application. Furthermore, the examiner compares the details of the invention to the prior art. Also, the examiner asks to amend the application if any obligation is present in the application. The application moves ahead by issuing out a letter to the applicant citing the requirements.

Related Article: Patent Translation Techniques: Introduction

Office Action Response:

Once examiner issues the First Examination Report, the applicant has to successfully overcome the objections to receive a patent grant. So, the whole process may involve responding to examination reports, appearing for hearing, etc. The application won’t move further if the applicant is unable to satisfy the required examiner’s objection. On the contrary, the patent application moves ahead if the applicant provides acceptable arguments and clears all the objections of the examiner.

Notice of Allowance:

Once the applicant clears all the objections of the examiner, the next step is the notice of allowance to the applicant. So, if there is no opposition regarding the patent application, patent office issues a notice of allowance to the applicant. Moreover, a notice of allowance means the successful survival of the patent filing in the opposition period after publication.

Related Article: Patent Watch Service: Types & Advantages

Patent Grant:

This is the final step of the patent filing procedure in getting a grant of patent. Once the patent application overcomes all the objections of the examiner, the patent office will grant a patent to the applicant. After getting the patent, the UPSTO publishes it in the patent gazette. Patent gazette is the online patent application database where publication of all the patent application takes place.

Looking to File a Patent – The Patent Filing Company

If you are looking to file a patent, TPFC would help you in doing so. The Patent Filing Company (TPFC) is an exclusive group of the world’s leading technologies with a deep understanding of global patent laws. Our team of professional experts will help you with thepatent filing procedure. TPFC covers 300+ experts and serves over 45 countries. Our professionals utilize their expertise to advise our clients to help them get world-class advice and IP Protection. TPFC not only ensures that you get the strongest and broadest services but makes sure that you get the optimal cost. Our team would ease your task of filing the patent application effectively. To avail our services, Visit The Patent Filing Company.

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