1. Utility Patent:

A utility patent is the most commonly sought-after patent type. It protects:

• Processes
• Compositions of matter
• Machines
• Manufactures that are novel and practical

It may be granted for innovative and practical enhancements to existing processes, compositions of matter, machines, and manufactured products.

• Processes are the methods or procedures for accomplishing tasks, often involving industrial or technical techniques
• Compositions of matter encompass chemical formulations, including mixtures of ingredients or newly created chemical compounds.
• Machines cover devices or apparatuses, such as computers, that perform specific functions.
• Manufacturers are tangible items that are produced or fabricated.

2. Design Patent:

A design can be defined as the decorative or ornamental appearance of an object, which may include its shape, pattern, or configuration. To be eligible for a design patent, the design should be an integral part of the object and cannot exist independently. However, a design patent only safeguards the object's visual appearance, not its functionality. For instance, the iconic contour shape of the original Coca-Cola glass bottle is an example of a design patent.

Design patents specifically protect a product's aesthetic design rather than its functional features. To secure protection for an object's functional or structural aspects, an inventor must apply for a utility patent.

3. Plant Patent:

A plant patent can be granted to protect a unique and new variety of plants. To qualify for this type of patent, the following requirements must be met:

• The plant cannot be tuber-propagated (e.g., it does not apply to Irish potatoes).
• The plant must not exist in an uncultivated state.
• The plant must be capable of asexual reproduction.

A sexual reproduction means the plant is propagated without using seeds, typically through grafting or cuttings. This method is required for plant patents, as it demonstrates that the inventor can reliably replicate the plant.

Plant patents generally have a term of 20 years. Additionally, patent owners must pay maintenance fees to keep the patent active. These fees are payable at the end of the third, seventh, and 11th years of the patent's lifespan.

1.2 Eligible criteria to file a Patent Application:

• Anyone claiming to be the genuine and original inventor may submit the application, either alone or in conjunction with another individual
• By anyone claiming to be the assignees of someone claiming to be the actual and original inventor or inventors (a legitimate proof must be included with the application).

1.3 Patent Applications Types:

• a) Ordinary Application (Normally, filed for an application without claiming priority)
• b) Provisional Application (Filed to obtain a priority date)
• c) Application for Patent of Addition (allowed for improvement or modification of the parent patent application)
• d) Divisional application (in case of a plurality of inventions disclosed in the main application).
• e) Convention Application, claiming priority date based on filing in convention countries.
• f) National Phase Application under PCT.

1.4 Patent Application Filling ways:

There are 2 different ways of filling a patent application. Both the ways are mentioned below:

1. Physical Filing: Patent applications can be submitted in person at any of the Indian patent offices located in Chennai, Delhi, Mumbai, or Kolkata. The application must be filed at the patent office that has jurisdiction based on the applicant’s:

• Place of residence,
• Business location, or
• The location where the invention was developed.

For applicants who are non-residents or do not have a residence or place of business in India, the appropriate patent office for filing applications is determined by the address for service in India or the business location of their patent agent.

If an applicant does not have a residence, domicile, or business location in India, the filing location is based on the service address provided. For instance, if the address for service is Bangalore, the application must be filed at the Chennai Patent Office.

It is important to note that, once the relevant patent office has been selected, it typically cannot be changed

2. E-filing: this can be done using the e-filing portal of the patent office.

Patent Office Branch in India

1.5 Process of Patent Registration in India

The patent process in India, also known as patent prosecution, encompasses the complete procedure for securing a patent grant. It involves communication and coordination between the applicant (Assignee/Inventor) or their Patent Agent and the Patent Office regarding the patent application.

A patent application must go through several stages during the prosecution process. The following sections will outline these steps to provide readers with a fundamental understanding of the process and address common questions about how to file a patent in India.

Step 1: Filing A Patent Application

Filing of a patent can either be done online or offline by visiting the respective patent office.

Basic types of Application:

Provisional Application:

Inventors often choose to file a provisional application when their invention is still in the R & D phase. This type of application includes a basic description of the invention. However, the inventor must submit the complete specification document within 12 months from the date of filing the provisional application.

Complete Application:

When the invention is fully developed and ready for patenting, the inventor can directly file a complete application. The structure and requirements for the specification document are detailed in Chapter III, Section 10 of the Indian Patent Act.

Step 2: Publication

The patent office publishes the patent application in the journal 18 months from the filing or priority date. This publication occurs automatically and does not require action from the applicant although the applicant has the option to request early publication using Form 9.

Step 3: Request for Examination (RFE)

Once a patent application is filed, the applicant must submit a request for examination. This request should be made using Form 18, after this the controller will have to forward the application for further review. Usually, 48 months after the application or priority date, the request for examination must be submitted. This deadline must be met at all costs, since the Office will consider the application withdrawn if the request is not submitted within the allotted period.

Step 4: Patent Examination

The application is then forwarded to the examiner within one month of receiving the request for examination.

The patent examiner will now conduct a thorough review to determine if the invention is patentable and complies with The Patent Act. Additionally, the examiner will issue the First Examination Report (FER) to the applicant or their authorized agent within two months of receiving the application.

A summary, a thorough technical assessment, and a list of referenced papers pertaining to originality, creative processes, and other formal requirements are usually included in the FER. the examiner may object to the patent application in the FER.

The applicant must respond to these objections within six months of receiving the report. Additionally, the applicant may request a three-month extension for responding to the objections by submitting Form 4. If the applicant fails to respond within the given time frame, the Indian Patent Office will consider the application abandoned.

Step 5: Examination Response

The inventor must respond to the objections raised in the FER in the stipulated time in the provided format.

A delayed, inappropriate, or inadequate response to the FER can negatively impact the patent application. Therefore, it is essential to carefully and accurately address all objections to ensure a swift grant of the patent. The applicant may also revise the claims to resolve the objections raised.

Step 6: Grant of Patent

After all objections have been resolved, the patent office grants the patent and publishes it in the patent gazette. The office will send an intimation regarding the acceptance of the application. A grant certificate is issued via email within seven days of the approval.

Step 7: Renewal of patent

As per the Patent Act, 1970 the inventor must pay the specified renewal fee at a regular interval to keep the patent in force.

Steps of Patent Registration in India

• Filling a Patent Application
• Publication
• Request for Examination
• Patent Examination
• Examination response
• Grant of Patent
• Renewal of Patent

Opposition (Optional)

Once the patent application is published and the request for examination is filed, the patent application is open for any pre-grant opposition. It can be filed by any third party. In contrast, only an interested party can file a post-grant opposition which should be within 12 months of the patent grant. An interested party refers to any entity operating in a similar business area.