What is the process of acquiring a patent in India?

Acquiring patent involves the following steps of patent application preparation and filing:

1. Invention disclosure

We provide an invention disclosure format to facilitate inventors to provide relevant information. The invention disclosure format contains a list of questions arranged in a logical manner to capture the essence and details of the invention required to perform search and prepare patent specification draft. After reviewing the invention disclosure document, we request for one call or face to face meeting with the inventor to ensure that we understand the invention correctly.

2. Patentability search

Patentability search is not a mandatory step. In most projects, after receiving the invention disclosure and confirming our understanding with the inventor, we perform a search and prepare the patentability search report. Our patentability search report provides information about relevant prior art existing and also provides a rating on the strength of the invention in relation to the closest prior art uncovered. With the help of the report, you can make an informed decision on whether you would like to go ahead with the next steps in the patent process or not.
The turn-around time for a comprehensive patentability search report is 5-7 working days

3. Patent specification preparation

If you choose to go ahead with the patenting process after reviewing the patentability search report, we start the process of drafting the specification. The drafting process involves 2 to 3 iterations with the inventor where our analyst seeks clarifications or inputs or review comments from the inventor.
The turn-around time for drafting a specification is about 3 – 4 weeks. The turn-around time for drafting can vary significantly depending on the availability of the inventors.

4. Application preparation and filing

While the drafting process is in progress, our portfolio will be in touch with the inventors and applicants to gather relevant information and signatures. The portfolio team prepares the application forms and keeps it ready for filing. Once the drafting process is complete and a specification is ready for filing, portfolio team files the application either using in-house resources or through a partner attorney, depending on the country of interest.
Filing an application after drafting typically takes 1- 3 days.