Question Answer

Process of Patent Registration and Granting (Easy Guide)

A patent protects a new and useful invention by granting the inventor exclusive rights for a limited time (usually 20 years). Below is a clear, student-friendly overview of how patent registration and granting works.

Before You File: Check Patentability

• Novelty: The invention must be new, not publicly disclosed anywhere.
• Inventive Step: It should not be obvious to a skilled person in that field.
• Industrial Applicability: It must be capable of being made or used in industry.
• Patentable Subject Matter: Some subjects (e.g., pure algorithms, mathematical methods, abstract ideas) may be excluded depending on the jurisdiction.
• Prior Art Search: Search patents, journals, and web sources to verify novelty and refine claims.

Step-by-Step Patent Process

1. Plan and Search

   Conduct a professional prior art search and draft a strategy (national filing, PCT, or both). Decide whether to start with a provisional application.

2. Draft the Specification
   • Provisional Specification: Describes the invention at a high level to secure an early priority date. No formal claims required. You must file the complete specification within the prescribed time (commonly within 12 months).
   • Complete Specification: Full description with clear claims, drawings (if any), abstract, and best method of performing the invention.
3. File the Application

   Submit to the national or regional patent office. You receive an application number and a filing date (this establishes priority). If claiming priority from an earlier filing, include priority details.

4. Publication

   The application is normally published 18 months from the earliest filing/priority date. Many offices allow a request for early publication to speed up the process.

5. Request for Examination

   You must formally request examination within the set deadline (varies by country). An examiner reviews patentability and formal requirements.

6. Examination & Office Actions

   The patent office issues an examination report (office action) raising objections such as lack of novelty/inventive step, unclear claims, or insufficient disclosure. You respond with arguments and/or amended claims within the given time.

7. Hearing (If Needed)

   If issues remain, the office may schedule a hearing or invite further written submissions before a final decision.

8. Opposition
   • Pre‑grant opposition: Can be filed after publication and before grant (rules differ by jurisdiction).
   • Post‑grant opposition: Can be filed within a limited time after grant by an interested party.
9. Grant

   If objections are overcome and any oppositions are resolved, the patent is granted. A patent number is issued and the grant is recorded/published.

10. Maintenance

    Pay periodic renewal/annuity fees to keep the patent in force for up to 20 years from the filing date. Non-payment usually leads to lapse.

Core Documents Typically Required

• Application form and fee receipt
• Provisional or complete specification (with claims, abstract, drawings)
• Inventor and applicant details; assignment (if applicant is not the inventor)
• Declaration of inventorship
• Priority documents (if claiming earlier filing)
• Request for examination and, if needed, request for early publication/expedited examination

Outcomes During Examination

• Acceptance: Proceed to grant.
• Objections: Respond with technical arguments, amend claims for clarity or narrower scope.
• Rejection: You may appeal or file a divisional application if multiple inventions are present.

International Filing Options

• Paris Convention (Direct National Filings): File in other countries within 12 months of your first filing to keep the same priority date.
• PCT Route (International Application): One filing that provides an international search report and preliminary opinion; enter national phases typically within 30/31 months to seek patents in chosen countries.

Typical Timelines and Tips

• Publication: ~18 months from earliest filing (earlier if requested).
• First office action: Often 6–18 months after examination is requested (varies by office workload).
• Total time to grant: Commonly 2–4 years or more, depending on complexity and jurisdiction.

• Draft clear, supported claims; include detailed embodiments and examples.
• Use early publication and expedited examination where available.
• Respond to office actions on time with precise, technical arguments.
• Keep consistent terminology across description, drawings, and claims.

After Grant: What to Do

• Pay renewal fees on schedule to maintain validity.
• Record assignments or licenses with the patent office when ownership changes.
• Mark products appropriately (e.g., “Patented” with the patent number) where permitted.
• Monitor competitors and enforce rights if infringement occurs.

Quick Recap

In simple terms: confirm patentability → draft and file (provisional or complete) → publication → request and undergo examination → respond to objections → resolve any opposition → grant → maintain with renewals. Following these steps carefully increases your chances of a strong, enforceable patent.