The procedure for obtaining a patent in India starts even before a patent application is filed with the patent office in India.

Step 0 – Decision on doing it yourself or engaging a professional

Before you proceed with the patent application process, you need to decide if you will be using the assistance of a patent professional or undertaking the patent process yourself. Considering the number of deadlines and the impact of these deadlines, it is highly recommended that you engage a patent professional / firm who has years of experience in the patent field.

If you decide to use the services of a professional, then make sure that you sign a Non-Disclosure Agreement (NDA) with the patent professional / firm before disclosing the invention to them. It is a good idea that all your disclosures with any third parties are done confidentially and you sign NDA’s with each party.

Step 1 – Check the Patentability of the invention by performing a search for similar technologies

Before filing a patent application in India or in any other country, the first step (optional but recommended) in the patent registration process is to perform a detailed patentability search to determine the chances of getting a patent. The search should ideally be performed for both patent and non-patent references.

The advantage of a search is it provides a good idea of the merit of the invention and helps in deciding if there are good chances of ultimately getting a patent granted. Furthermore, based on the references (prior art) discovered during the search, you have the option of fine-tuning your patent application to ensure that you don’t end up filing a patent for something which already existed.

Hence, a thorough patentability search is always advised but from a patenting process point of view is totally optional.

If you are thinking of going international with your patent application, spending time and money on the search will be well worth every Rupee.

Step 2 – Drafting a patent application (Provisional or Complete)

Once, you have made up your mind to go forward with the patent application process, the next step is to prepare an Indian patent application (Form 1).

Each patent application has to be mandatorily accompanied by a patent specification (Form 2). Based on the state of the invention, you can either file a provisional patent application or a complete patent application (also known as Non-provisional in some countries).

If the invention is still in the development mode and tests are underway, it is a good idea to quickly file a provisional application to block the all-important filing date. Filing of the provisional application gives you 12 months of time to test and finalize your invention and file the complete application.

Whether filing a provisional or a complete application, extra special attention should be paid to the patent draft included along with the application. The patent draft is your representation in front of the patent office and the decision of the patent office on the grant of the patent will be made based on the draft itself. Hence, not doing a patent draft properly may lead to a patent application which doesn’t get a grant or if granted doesn’t help you stop competitors effectively.

If you are serious about protecting your technology and getting an advantage in