How to get Patent Rights

The term patent is also the term most looked after in the market and research and development culture and is checked for more knowledge and advice via the internet. When working on your idea and filing a patent, you would be amazed to learn the added value of a professional patent agent or patent attorney.

Team Law Community
October 11, 2020


The term patent is also the term most looked after in the market and research and development culture and is checked for more knowledge and advice via the internet. You might be inspired by hearing about patent-related news and by the principle of the intellectual property right to innovation. Questions such as these will also not be resolved clearly. Like all other laws, patent law is often complicated to a degree.

When working on your idea and filing a patent, you would be amazed to learn the added value of a professional patent agent or patent attorney. Some inventors wrote their patents on their own, which have an incredible quality of balance between the technical and legal aspects of the patent.


Step 1: Record in as many details as possible the invention (idea or concept):

  • Collect all your invention information:
  • Invention field
  • What the invention does describe
  • How it works
  • The invention's advantages

Ideally, you would have something call-lab contract signed on the date by you and the relevant authority if you have worked on the innovation during the research and development process.

Stage 2: include sketches, schemes

The drawings and diagrams must be designed so that visual illustrations can better explain the functioning of the invention. In a patent application, they play an important role.

Step 3: Verify if the invention is patentable.

All inventions may not be patentable, since certain inventions which are not explicitly explained in (inventions not patentable) by the Indian patent law are not patentable.

Step 4a: Search for Patentability

The next step will be to see if your invention meets all patentability requirements according to the Indian patent law? In other words,

  • Newness
  • Failure to do so
  • Access to industry
  • Activation

The detailed description of requirements for patentability is given here (what are the requirements for patentability). On the occasion of a thorough quest and the creation of a patents study, the patenting professionals provide the opinion.

Step 4b: Decide if the patent will continue

The patentability report and opinion allow you to assess whether or not the patent should be carried out; chances are what you considered to be a novel that could already be patented or already recognized in some way. This report thus saves the inventor a lot of time, effort and costs by helping him decide if the patent filing process is to take place or not.

Stage 5: Proposed program (writing)

If you are looking and developing for your invention at a very early stage, you can apply temporarily. The advantages are as follows:

  • Date of safe filing
  • Full specification 12 months to register
  • Costs are low

You secure the filing date, which is extremely important in the patent world after you file a provisional application. You will have 12 months to complete the specifications, and your patent application will be withdrawn before 12 months expired.

You can file full specifications with a patent application until you complete the necessary documentation, and your work is at the point where prototypes and test results will show your innovative move. The provisional specification is the optional level, and you can directly go for a full specification if you are at the stage where you have complete knowledge about your invention.

Step 6: Request publication

The application is published after 18 months after the complete specification has been filed together with the application for a patent.

If you do not wish to wait until the end of 18 months from your filing date to publish your patent application, an early publication request can be made together with the prescribed fees. The patent application is usually issued in an early publication form for a month.

Stage 7: Submission for approval

Only upon receipt of a request for review, which is the RFE will the patent application be reviewed. When this application is issued, the controller shall send a patent examiner your patent application which examines the application with various patentability criteria such as:

  • The patentable issue
  • Newness
  • Failure to do so
  • Inventive step
  • Access to industry
  • Enabling

After evaluating the patent application for different circumstances, the examiner produces a first evaluation report. This is known as the proceedings against patents. Anything that happens before the patent filing is commonly referred to as a patent prosecution.

The examiner's first review report normally includes prior art (existing records before the filing date) similar to that asserted and submitted to the patent applicant.

Step 8: Compliance with objections

Most applicants may receive those kinds of complaints based on the examining report. Best of all, it analyses the review report with the patent specialist and answers the objections raised in the examining report. It is an opportunity for an artist to express his excitement regarding prior arts in the test article. To demonstrate to a controller that his invention is patentable and satisfies all patentability requirements, the inventor and patent agent create and sends an examination response.

Step 9: All objections clarified

This communication between owner and patent applicant ensures the resolution of all objections raised by the patent application and that the inventor has his fair opportunity to demonstrate his position and to establish novelty and inventiveness vis-à - vis the prior arts. The patent application shall be granted as soon as possible after it has been found in the order of contract.

Step 10: Patent award

The application will be granted after all the patentability conditions have been met. The patent award is reported on a time-to-time basis in the patent journal.


If you work on your idea and submit your patent, you would be amazed to learn the value of a professional patent agent or patent lawyer. In honesty, some inventors have written their patents on themselves, in the quality of balance of the technical and legal aspects of the patent. But this is a rare case because the patent is not just a technical document, more often than not, professional assistance is needed. It's a legal techno document. With an accomplished specialist in the field of patenting, you will make a significant impact on your invention to a degree granted or denied by the patent.