Introduction about Patent

 Introduction about Patent

Patent : Patent is a process to protect innovative ideas of human beings. 

Kinds of Patent : There are mainly three types of patent:

Design Patent: It is the procedure to protect the design like color, shape etc of devices.

Plant Patent: It is the procedure to protect the variety of plants.

Utility Patent: It is the procedure to protect the prototype of software.

To protect ideas we have to patent it for which we need drafting by expert lawyers. Drafting is done in two ways. First one is done  provisionally and then completely. 

 When inventions are not complete, then that drafting is known as Provisional specifications.

When inventions are  fully prepared then we use complete specification.

Illustration to explain the procedure of patent:

Step1 involves  filing of form 1 under section 7.

Step 2 involves  filing of provisional specification by form 2 under section 9. Further within 12 months we have to file complete specification under section 9.

Step 3 involves filing request for publication under section 11A through form 9. It should be kept in mind that request for publication should be filed within 18 months from date of filing of complete specification. 

Step 4 involves request for examination of application to Controller under section 11B. It should be kept in mind that this procedure has to be completed within 48 months from date of filing of complete specification. 

Step 5 involves consideration of application by examiner under section 12. Also note that it should be done within one month from the date of publication or within one month from the date of request for examination whichever is later.

Step 6 involves making of report after examination of application,  by controller under section 12(2). It takes almost 1 to 3 months from the date of consideration of application. 

Step 7 Consideration of report of examiner by the controller under section 14.

(It take almost 1 month from the date of receipt of report by the Controller. 

Step 8 First Examination Report FER to the applicant.

It take 6 months from the date of request for examination. Or 6 months from the date of publication whichever is later.

Step 9 Application for grant of patent. It take 6 months from the date on which the first the statement 

Step 10 Opposition Stage. In case of no objection from interested parties controller give signal for grant of application within 6 months from date of request of examination.