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How to get a patent in India?

The official patent office site is Here are the salient points of the patent process in India, which a patent applicant has to meticulously follow.

1. Carry out a state-of-the-art patent search on your / similar idea /invention that has immense IPR potential.

2. Remember that patents should be filed for innovative R&D work only.

3. File the provisional application with provisional specifications as soon as the nature of the invention is conceived and demonstrated, at least partially, to obtain record of the authorship / ownership of the invention with the Patent Office.

4. File the complete specification as soon as the invention, as a whole, has been successfully and reproducibly worked / demonstrated at the lab.

5. Do not delay filing till the stage of development of total know-how or for watching industry's interest to take licence.

6. Inform the patent office at the earliest about any case of possible infringement of patent rights, with all available documentary evidence for filing legal notice or initiating legal action.

7. Do not refer any technology to industry before a specification-complete application for patent in respect of the said invention has been filed at the Patent Office. Such reference, if needed, must be on the basis of an agreement for secrecy to be executed by the parties in compliance with the extant guidelines on the subject.

8. Do not publish / read a paper or display the invention or the design anywhere in the world before filing of a patent or a design application. In case of exigency, you can always contact the patent office. (In the US however, a patentee can claim the right to patent through a regular or provisional application within a year from the date the idea / invention was up for sale, or publicly used, or described in a printed publication anywhere in the world, including electronically).

9. Do not transfer a technology to industry without identifying it with the patent application number / patent number in case an application for patent for the invention is pending or patent has been secured.

10. Do not enter into joint research / development work agreements which involves taking patents / designs / trade marks / copyright without checking with the patent office.

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