Why Your Patent Application Got Rejected- How to Fix It

You have a new idea that is unique, such as a new electronic gadget, new methods, a new chemical formula, a new design, etc. So, now you need to protect it before someone copies your ideas.

Legally protecting your invention by register patent in India gives you exclusive rights granted by the government to an inventor that will prevent others from making, selling, or using your invention for a time period of 20 years. It is not a simple one-page document, so it takes time and patience to complete this process.

Here’s a look at how a patent is registered:

The Application (Before You File)

You'll need to carry out due diligence and ensure your invention is actually "patentable," as the process itself costs a considerable sum of money.

1. Prior Art Search

Your idea needs to be new. It means that no patent exists that is already similar to your ideas or products, or technology on the market. The prior search in this case will be helpful for your invention or anything that you need to register as a patent. If you find a perfect match, you'll have to go back to the drawing board.

2. Check your invention is patentable

All inventions have to meet four main requirements. These include:

• Novelty i.e. newness

• Non-obviousness (it cannot be something that an average person in that field would naturally think of)

• Utility (it must serve a practical purpose)

The Application

Once you've established that your invention is patentable, it needs to be put down on paper as an application, which includes two parts:

3. Specification

This is where you detail how to make and use your invention, as well as why it's useful and the problem it solves. You must include all essential information, or your application will be refused by the patent office.

4. Drawings

Technical, black and white drawings must be produced, which illustrate each component of your invention. Each part should be numbered, and you'll be referring to them in your specification.

5. Claims

These define the legal boundaries of your patent; what exactly is covered by your invention. Too broad a claim and your application could be refused and a patent not granted. Too narrow, and someone could simply adapt your idea, making a legally permitted variation on it, meaning you can still be deprived of your rights to its exploitation.

Submission Options

Most countries offer two different routes for filing your initial application:

• Provisional Application: This is the easier and cheaper path. It grants you "patent pending" status for 12 months, which can give you time to refine your invention further. It will only be valid for these 12 months if you subsequently file a non-provisional application.

• Non-Provisional Application: This is the application that will be formally examined.

• The Examination

After you've submitted your application and paid your fees, your invention will be passed to a patent examiner to review. It can often take anywhere from 12 to 36 months before this happens.

6. Office Action

Most applicants receive an "Office Action" after the review has taken place. This essentially explains that the patent examiner has found issues with your application. This could be anything from ambiguous phrasing in your specification to the identification of an already existing patent from decades ago.

7. Response and Negotiation

No need to panic, you will have a time period of 3 to 6 months to respond properly as a reply to the office action. You can explain to the examiner why your invention is unique and can potentially refine your claims further, so long as the examiner is convinced by your arguments and evidence.

Granting the Patent

Once the examiner is happy with your application, the "Notice of Allowance" is granted.

8. Issue Fees and Grant

Once the relevant "Issue Fees" are paid, your patent is officially granted. It will then arrive in the post with a gold seal and your unique patent number.

9. Maintenance Fees

A patent is not a perpetual asset that you will receive full 20 years of protection for as standard. If you want to keep your patent alive, then you need to pay the maintenance fees or renewal fees. If you fail to do this, your patent validity will lapse, and your invention will be available to the public in this case.

Suggestion:

• Don’t share your idea until you legally register a patent. If you disclose your invention to any third person, there is a high chance that you may permanently lose your right to patent it.

• Mostly, you require professional help to make the process easier and to improve your chances of securing your patent.

• Be ready for a long time period.

You can apply for different types of intellectual property rights through the IPR India Online Portal.

Conclusion

Patent registration is not as simple as it looks; it takes time because it's a lengthy process that needs careful preparation, writing, fees, negotiation strategy, etc. At the end,d when you legally secure your valuable invention, it will be the result of your hard work. work