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How to apply for a Patent in India?

I recently presented a Paper in the IEEE Paper Presentation competition in the technical fest of our Institute and won the 1st Prize for it. It is based on a novel idea which I couldn't find on the internet, even after searching oodles of websites. I have created 3D animations and drawings of the model but I don't have a physical working model yet and thus I haven't been able to perform any tests on it.

I have a few questions regarding the same.
  • Can I apply for a patent for my design at this stage?
  • If yes, what is the procedure for applying for a patent in India?
  • Is the certificate that I have got from IEEE of any importance in this procedure?
I do plan to make a working model of my design and perform the necessary tests on it this summer.
Thanks, I am reading through that attached PDF now. Though it would be even better if I could get some answers on my particular situation. 😎
Kaustubh Katdare
Kaustubh Katdare • Apr 10, 2012
virajvoditel
  • Can I apply for a patent for my design at this stage?
  • If yes, what is the procedure for applying for a patent in India?
  • Is the certificate that I have got from IEEE of any importance in this procedure?
I'm no expert on this matter, but I guess I can answer your questions.

  • Yes, you can apply for a patent for your design.
  • This is going to need some research: https://ipindia.nic.in/ipr/patent/patents.htm is the official site where you should get all the required forms. I've also heard that you can file patent application online; but if I were in a hurry, I'd do it through an agent.
  • Certificate from IEEE would certainly make your application stronger; but may not ensure that you're granted the patent. Attaching it as a supporting document/proof won't do any harm.
That said, if you do a research on the procedure of filing a patent application; please document it here so that everyone can benefit from it.
Pankaj Thape
Pankaj Thape • Sep 1, 2012
Hi I am a Patent Consultant and here are the answer to your queries:

Queries:
  1. Can I apply for a patent for my design at this stage? -
  2. If yes, what is the procedure for applying for a patent in India?
  3. Is the certificate that I have got from IEEE of any importance in this procedure?
Answers:
  1. Yes, you don not need to have a Prototype to apply for a Patent. If yo can show on paper that is also enough
  2. The Procedure is to Draft a Patent Application and Fill different Patent Forms. Better get a Professional Patent Agent to make a good draft.
  3. No
You can get in touch with me if you have more queries on
Regards
Pankaj Thape
M.Tech (ME), IIT K
Patent Consultant
Kaustubh Katdare
Kaustubh Katdare • Sep 1, 2012
Pankaj Thape : We appreciate your help. Please let the discussion happen here because it will help larger audience.
virajvoditel
I recently presented a Paper in the IEEE Paper Presentation competition in the technical fest of our Institute and won the 1st Prize for it. It is based on a novel idea which I couldn't find on the internet, even after searching oodles of websites. I have created 3D animations and drawings of the model but I don't have a physical working model yet and thus I haven't been able to perform any tests on it.

I have a few questions regarding the same.
  • Can I apply for a patent for my design at this stage?
  • If yes, what is the procedure for applying for a patent in India?
  • Is the certificate that I have got from IEEE of any importance in this procedure?
I do plan to make a working model of my design and perform the necessary tests on it this summer.

Since you have presented the idea in a public forum it is now in the public domain. Unless you apply for a patent before six months, you may not be eligible.
Pankaj Thape
Pankaj Thape • Sep 2, 2012
I would like to add that you have to file for Patent within 12 months of the time you presented in IEEE. At least file a Provisional Patent if you are not ready yet.

bioramani sir its 12 months

For more information on 'Provisional Patent', please see my post



Regards
Pankaj Thape
Pankaj Thape
Pankaj Thape • Sep 2, 2012
The_Big_K
Pankaj Thape : We appreciate your help. Please let the discussion happen here because it will help larger audience.
sure Big_k
Pankaj Thape
bioramani sir its 12 months
https://epatents.in/index.php/provisional-patent/
I do not know how I got the value of six months. Probably US patents.
Thanks for that info.
Kaustubh Katdare
Kaustubh Katdare • Sep 2, 2012
Pankaj Thape
sure Big_k
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Pankaj Thape
Pankaj Thape • Sep 2, 2012
It was six months earlier I guess, Now its 12 months in US also...... Its called "Grace Period" in which if you make your invention public then also you can apply for patent and your public disclosure will not be considered as prior art.

In case of EP there is no grace period.

Regards
Pankajt
Kaustubh Katdare
Kaustubh Katdare • Jun 25, 2014
In case anyone's still looking for the step by step producedure to file for a patent online in India, I've uploaded the official guide in our downloads section: https://www.crazyengineers.com/downloads/steps-to-apply-for-patent-in-india-online.869/

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