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Home » Legal » Want to step up your application for Patent E-Filing ! Read this first

Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra | Updated: Jul 20, 2019 | Category: Legal, Patent

Want to step up your application for Patent E-Filing ! Read this first

In 2007, the Indian patent office has introduced the concept of E-filing of patent applications.  The Patent (Amendment) Rules 2016 makes Patent E-filing compulsory in India. To increase online applications, the government has also increased an additional 10% statutory fee for manual filing from May 2016. 

Here in this article, we will look into Patents, it’s advantages and the process of E-filing of patent application in India.

Patent

A Patent is a protection given to an invention. The inventor gets an exclusive right to sell, manufacture, and use the invention. The patent application can be filed online by the inventor. In order to register the patent, it has to be inventive and useful.

Who can file an online application for patents?

In India, any individual can file an online application. They can also authorize agents to submit the application online.

Comprehensive features of Patent E-filing

Earlier, the whole procedure was offline, which required manual filing. This was a time taking and complicated procedure. Now with E-filing, the process has become user-friendly and fast.

Indian Patent Office has developed an advance E-filing system which can be used by the stakeholders. In addition to the online application for new users, subsequent filing can also be done.

Features of E-filing

  • It provides a web-based patent filing.
  • The official website has a facility of dual login through digital signatures and passwords. It also has the facility to upgrade the digital signatures.
  • All the details have to be filed as per schedule 1 of the Patents Rules, 2003.
  • It has an improved online filing to minimize the errors.

The Controller General of Patents, Designs, and Trade Marks (CGPDTM) has stated that applicants can file an application online under the Class- III category certificate. If the applicant has a Digital Signature Certificate (DSC), they can use the same, and there is no need to have a fresh DSC.

What are the pre-requisites for e-Filing Patent applications?

Following are few pre-requisites before filing the online application-

  • If you are planning to file an online patent application, then you need to get client software. This software can be downloaded from the official portal. It helps in the submission of documents along with digital signatures.
  • One has to first register themselves online on the portal, then only they can file the application online.
  • If you are planning for e-filing patent application, make sure you have your DSC ready along with good internet connection and a Windows XP with Internet Explorer v 6.0

Advantages of Patent E-filing

Patent E-filing advantages
  1. Quick– Filing, a patent application has become quick. Everyone has the liberty to file it online at any place.
  2. Flexible– The applicant can file the application from anywhere online.
  3. Fixed Format– After the implementation of online filing, everyone follows the exact form for application.
  4. Fast Procedure-Through online filing, the application is filed immediately.
  5. No Errors– Moreover, this facility has increased the efficiency of the government officials. Since there is no manual entry of the details, there are very few chances of errors.
  6. Easier– With the current software, drafting the application has become easier. The online filing allows validation with the IPO database also.
  7. Track– Once the application is submitted, the applicant can track the progress online.

Process of E-filing Patent Application

E-filing Patent Application

Step 1

The applicant has to access the e-filing portal and click on the online registration for a new user.

Patent E-filing portal

Step 2

The applicant has to register online for e-filing. This facility is available below the login feature. Afterward, user ID and password will be generated. The online services have a dual login facility, and it means either the applicant or the agent can log in.

Online portal for Patent Registration

Step 3

Once login is generated, the applicant has to download client software. Complete the online form and enter all the details of the application. They also have to mention whether the application falls under the category of ordinary application, conventional application, divisional application, patent of addition, etc.

If the applicant has hired an agent, then the details of such agents have to be filed.

Step 4

The applicant has to include all the information about the invention. Thereafter he has to fill the description and claims from the patent specification into the respective fields. After this, he has to provide the details of the applicant and inventor.

Step 5

Upload the documents along with Form 1 for application for grant of patent, Form 3 for Statement and Undertaking regarding foreign applications, and Form 5  for Declaration of inventorship, etc.

Step 6

Once done sign the documents with DSC and make the payment. There are three payment gateways, net banking, debit cards, and credit cards

Step 7

Lastly, it is very important to generate acknowledgment once the payment is complete with the Patent Office.

Simplified Procedure of Patent Application

Procedure for Patent Application

Conclusion

Introduction of patent e-filing was a very good move on the part of the government. If you don’t register the patent, it is not well-protected. When the applicant gets the registration, it ultimately gives him the right to use the invention freely. Filing patents is not easy. It is a time consuming complex procedure. Thus, it is advised to take the help of experts who file online applications and know the process of filing patents.

For filing your patent application, you can contact our team of experts at LawyerINC.

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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra

Pallavi is a Legal Associate at Lawyerinc. She is graduated from Gujarat National Law University having areas of expertise in Legal and financial content writing. She is having keen interest in legal research, drafting and legal advisory. She likes to keep herself updated with the changing face of legal arena.


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