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Patent Registration is a filing process designed to give inventors long-lasting rights and exclusivity through full protection for their inventions ...

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How to file a Regular Patent Application

  • Conduct Preliminary Search

    Identify salient points of the Invention through a comprehensive patent search

  • Document Invention

    Patent expert will document invention in the prescribed format

  • File Regular Patent Application

    Pay fees and file application with the Patent Office

  • Filing Acknowledgment

    Receive acknowledgement for filing from the Indian Patent Office

Comprehensive search
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Conduct Preliminary Search

Identify salient points of the Invention through a comprehensive patent search

report
Arrow pointing to next blockArrow pointing to next block

Document Invention

Patent expert will document invention in the prescribed format

patent
Arrow pointing to next blockArrow pointing to next block

File Regular Patent Application

Pay fees and file application with the Patent Office

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Filing Acknowledgment

Receive acknowledgement for filing from the Indian Patent Office

Benefits of Patent Registration

  • Full Protection

    Full Protection

    Fully capitalize on your invention’s commercial potential with a long-term protection for 20 years

  • Exclusive Rights

    Exclusive Rights

    Gain exclusive rights for your invention to prevent others from making, using, selling, or importing your invention without your permission

  • Increase Valuation

    Increase Valuation

    Increase in the valuation in private and public markets

  • Legal Enforcement

    Legal Enforcement

    Legally enforce your patents after getting a patent grant

  • Commercialization Opportunities

    Commercialization Opportunities

    Generate revenue streams by monetizing your IP through licensing, partnering, or commercializing

  • International Protection

    International Protection

    Pursue patent protection in foreign jurisdictions through international treaties or filings, leveraging your Indian patent as a basis for foreign filings``

Prerequisites for the Regular Patent Application

  • Invention

    Rough Invention Disclosures and/or features of the invention/product

  • Future Vision

    Future Vision of the Product

  • description_black_24dp (1)

    Name and Address of the inventors

Registration Process

  • 1

    Perform Comprehensive Patent Search

  • 2

    Draft the Regular Patent Application

  • 3

    Pay Government Fees

  • 4

    File the Regular Application

  • 5

    Get Regular Patent Filing Acknowledgment

Deliverables of the Patent Registration

  • Application Draft

    Application Draft

  • statement

    Patent Filing Receipt

  • reports

    Patent Filing Application No.

Frequently asked Questions

What is a regular patent application?

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A regular patent application, also known as a non-provisional patent application, is a formal filing made with the Indian Patent Office to seek full patent protection for an invention.

What are the benefits of filing a regular patent application?

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Filing a regular patent application provides full patent protection for your invention, granting you exclusive rights to prevent others from making, using, selling, or importing your invention without your permission for 20 years.

What documents are required for filing a regular patent application?

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The key documents required for filing a regular patent application include a detailed description of the invention, patent claims defining the scope of protection sought, technical drawings (if applicable), and any supporting documents.

How do I file a regular patent application in India?

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You can file a regular patent application with the Indian Patent Office either electronically through the online portal or physically by submitting the required forms and fees to the patent office.

What is the process after filing a regular patent application?

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After filing, the patent application undergoes substantive examination by the Indian Patent Office to assess the patentability of the invention. This may involve responding to office actions, attending hearings, and ultimately obtaining the patent grant.

How long does it take to obtain a patent through a regular patent application in India?

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The timeline for obtaining a patent through a regular patent application varies, but it typically takes several years from the filing date to the grant of the patent, depending on factors such as the complexity of the invention and the workload of the patent office.

What rights do I have after obtaining a patent through a regular patent application?

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After obtaining a patent, you have the exclusive right to prevent others from making, using, selling, or importing your invention without your permission for the duration of the patent term, typically 20 years from the filing date.

Can I file for international patent protection based on a regular patent application filed in India?

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Yes, you can pursue patent protection for your invention in other countries through international treaties or filings based on a regular patent application filed in India, leveraging your Indian patent as a basis for foreign filings.

What is the difference between a regular patent application and a provisional patent application?

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A regular patent application provides full patent protection and undergoes substantive examination, while a provisional patent application offers temporary protection and does not undergo examination. Additionally, a regular patent application leads to the grant of a patent, while a provisional application must be followed by a regular application within one year to maintain priority.

Is it necessary to conduct a patent search before filing a regular patent application?

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While not mandatory, conducting a patent search before filing a regular patent application is highly recommended to assess the novelty of the invention and identify existing patents or publications that may affect the patentability of the invention.

Can I file a regular patent application for my invention if it has been publicly disclosed or marketed?

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Yes, you can still file a regular patent application for your invention even if it has been publicly disclosed or marketed. However, it’s important to be aware that public disclosure may affect the novelty of the invention and could potentially limit the scope of patent protection.

What happens if my regular patent application receives objections from the patent examiner during the examination?

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If the patent examiner raises objections or issues during the examination, you will be required to respond to these objections within the specified time frame. This may involve amending the claims or providing additional information to address the examiner’s concerns.

Can I expedite the examination process for my regular patent application?

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Yes, you can request expedited examination for your regular patent application by filing a request for expedited examination along with the prescribed fees. This can help speed up the examination process and potentially lead to the grant of the patent sooner.

What happens if my regular patent application is rejected by the Indian Patent Office?

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If your regular patent application is rejected by the Indian Patent Office, you have the option to appeal the decision or amend the application to address the reasons for rejection. It’s important to work closely with a patent attorney or agent to explore all available options for overcoming the rejection.

What is the cost involved in filing a regular patent application in India?

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The cost of filing a regular patent application in India includes various fees such as filing fees, examination fees, and other administrative charges. The total cost may vary depending on factors such as the complexity of the invention and the number of claims.

Can I file a regular patent application for software or business methods in India?

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Yes, you can file a regular patent application for software or business methods in India, provided they meet the patentability criteria outlined in the Indian Patent Act. However, the patentability of software and business methods is subject to certain conditions and may require careful drafting to satisfy the requirements of patent law.

How long does it take for a regular patent application to be examined by the Indian Patent Office?

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The timeframe for examination of a regular patent application by the Indian Patent Office varies depending on factors such as the backlog of applications and the workload of the patent examiners. Generally, it takes several months to several years for a patent application to be examined and processed.

Can I file multiple patent applications for variations of the same invention in India?

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Yes, you can file multiple patent applications for variations of the same invention in India, provided each variation meets the requirements of patentability and is sufficiently distinct from the others. This strategy, known as filing divisional applications, allows you to protect different aspects or embodiments of your invention.

What is the role of a patent attorney or agent in filing a regular patent application in India?

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A patent attorney or agent plays a crucial role in the patent application process by providing legal advice, drafting the patent specification, communicating with the patent office, and representing the applicant’s interests during the examination. Their expertise and knowledge of patent law can help navigate the complexities of the application process and maximize the chances of success.

How can I track the status of my regular patent application filed with the Indian Patent Office?

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You can track the status of your regular patent application online through the Indian Patent Office’s official website using the application number or other identifying information provided at the time of filing. The website provides updates on the various stages of the application process, including filing, examination, and publication.

Can I file a regular patent application if my invention has been disclosed in a scientific journal or presented at a conference?

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Yes, you can still file a regular patent application for your invention even if it has been disclosed in a scientific journal or presented at a conference. However, it’s important to file the application within 12 months of the disclosure to avoid losing the novelty of your invention.

What happens if I miss the deadline to file a regular patent application after disclosing my invention?

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If you miss the deadline to file a regular patent application after disclosing your invention, you may lose the novelty of your invention, making it ineligible for patent protection. It’s crucial to act quickly and consult with a patent professional to explore any available options.

Can I file a regular patent application for improvements or modifications to an existing invention?

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Yes, you can file a regular patent application for improvements or modifications to an existing invention, provided the improvements or modifications meet the patentability criteria of novelty, inventive step, and industrial applicability.

What information should I include in the patent specification for a regular patent application?

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The patent specification for a regular patent application should include a detailed description of the invention, patent claims defining the scope of protection sought, technical drawings (if applicable), and any supporting documents such as experimental data or test results.

How do I determine the scope of protection for my invention in a regular patent application?

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The scope of protection for your invention in a regular patent application is defined by the patent claims, which should be drafted carefully to encompass the novel aspects of your invention while avoiding overlap with existing prior art. Working with a patent attorney or agent can help ensure that your claims are drafted effectively.

What is the difference between a patent application and a patent grant?

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A patent application is a formal filing made with the patent office to seek patent protection for an invention, while a patent grant is the official recognition and issuance of the patent by the patent office, granting the inventor exclusive rights to the invention for a specified period.

Can I file a regular patent application for a product, process, or both?

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Yes, you can file a regular patent application for a product, process, or both, as long as they meet the criteria of novelty, inventive step, and industrial applicability.

What is the difference between a regular patent application and a utility model application in India?

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A regular patent application seeks protection for inventions that are new, inventive, and industrially applicable, whereas a utility model application protects incremental improvements to existing products or processes that enhance their utility.

Is it necessary to disclose all details of my invention in the patent application?

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Yes, it’s essential to provide a complete and detailed description of your invention in the patent application to enable others skilled in the art to understand and replicate the invention based on the disclosure.

Can I file a regular patent application without the assistance of a patent attorney or agent?

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While it’s possible to file a regular patent application without professional assistance, working with a patent attorney or agent can greatly improve the quality and effectiveness of your application, increasing the chances of success.

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Reviews

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4.8


  • Anita Reddy

    I found ezyLegal's patent registration service to be both cost-effective and reliable. The fees were reasonable, and the quality of service was top-notch. I am extremely satisfied with the outcome and would recommend them to anyone seeking patent registration
  • Rohit Sharma

    The consultants at ezyLegal were incredibly supportive and patient. They took the time to understand my needs and answered all my questions. Their guidance was crucial in successfully obtaining my patent
  • Divya Patel

    ezyLegal's patent registration service was marked by clear and transparent communication. They kept me informed throughout the process and explained all the legal terms in an understandable way. I felt well-supported all the way
  • Arvind Kumar

    The team at ezyLegal demonstrated a high level of knowledge and professionalism. They were well-versed in patent laws and provided valuable insights to strengthen my application. Their expertise made a big difference
  • Meera Joshi

    I had a great experience with ezyLegal's patent registration service. The entire process was efficient and seamless. The team guided me through every step, ensuring all my documents were in order and submitted on time

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