Patent Filing
What is Patent Filing?
Patent filing is the process of officially submitting a patent application to a patent office to seek legal protection for an invention. It is a crucial step in securing exclusive rights to make, use, and sell an invention for a certain period (usually 20 years).
Types of Patent Applications
Provisional Application (Temporary – 12 months validity)
- A lower-cost, informal application to secure an early filing date.
- No claims required. Ideal when invention is still evolving.
Non-Provisional (Complete) Application
- Full patent application with detailed description, claims, drawings.
- Examined by the patent office and can lead to a granted patent.
International Application (PCT Application)
- Filed under the Patent Cooperation Treaty (PCT).
- A way to seek protection in multiple countries with one application.
The Patent Filing Process
Invention Disclosure
The inventor provides all technical details to a patent agent/attorney.
Patentability Search (Optional but wise)
Searches existing patents/publications to see if your invention is novel
Patent Drafting
A skilled draft is created with:
- Detailed description
- Claims
- Abstract
- Drawings (if required)
Filing the Application
Filed with the relevant authority:
- India: Indian Patent Office (IPO)
- US: United States Patent and Trademark Office (USPTO)
- Europe: European Patent Office (EPO)
- Globally: WIPO (for PCT applications)
Publication (Usually after 18 months)
The patent application gets published and is visible to the public. Have you opened a new location, redesigned your shop, or added a new product or service? Don't keep it to yourself, let folks know.
Examination Request
Applicant must file a request for examination (varies by country).
Patent Examination
A patent examiner checks for novelty, inventive step, clarity, etc.
Office Actions & Response
If objections are raised, the applicant must respond with amendments or arguments.
Grant of Patent
If all requirements are met, the patent is granted and published in the official journal.
Post-Grant Maintenance
Annual renewal fees must be paid to keep the patent in force.
