1. Evaluating the patentability of the invention: Before diving in, you must first play the role of an innovation detective. Your mission: To determine if your invention meets the following criteria for patent protection: Novelty, Inventiveness, Industrial Applicability, and compliance with Sections 3 and 4 of the Indian Patents Act (which list non-patentable subject matter). This vital evaluation is primarily achieved by conducting a thorough prior art search.
   
   A prior art search includes reviewing publicly available knowledge, information, publications, and patents that may affect the novelty or originality of a new invention. A prior-art search not only helps prevent infringement on existing patents or literature, but also helps clarify the potential scope of protection for your invention.
   
   Don’t see the prior art search merely as a requirement. It’s a strategic process that can help to enhance the invention, identify unique selling points, and discover new opportunities for innovation! Consider consulting with a patent professional for a thorough search.
   
   
2. Drafting a patent specification: A patent specification is a definitive manual for your invention, laying out every detail of your breakthrough innovation for the world to understand. Filing a patent application requires thorough balance of detailed technicalities and legal requirements. Drafting this document is a fundamental step in the patent prosecution process. A well-crafted patent specification typically includes: 
   
   • Title 
   • Background of invention 
   • Object and advantages of the invention 
   • Detailed description of the invention 
   • Drawings related to the invention 
   • Claims that define the scope of the invention 
   • Abstract

When filing a specification, an innovator or applicant has two pathways:

• Provisional Specification: If your invention is still in its developmental stages, you can opt to file a provisional specification first. This allows you to secure an early “priority date” for your invention, which is crucial in a “first-to-file” patent system like India’s. Think of a provisional specification as your invention’s safety net; an agile and informal approach that allows you to capture your innovative ideas swiftly without the rigid structure of formal claims. 
  However, it’s important to know that a complete specification must follow within 12 months from the date of filing the provisional specification. Failure to do so will result in the abandonment of the application. The complete specification will then expand upon and thoroughly detail the invention initially outlined in the provisional application.
  
  
• Complete Specification: A complete specification requires an in-depth technical description that includes clear examples, implementation methods, and thorough explanations for each claimed element. It should provide enough detail so that someone skilled in the field can replicate the invention without needing to conduct further experimentation. Alternatively, to the former pathway, if your innovation has been fully developed and improved, you can proceed to file a complete specification right away. This comprehensive document, as described above, includes all the necessary sections, including the crucial claims, and provides a full disclosure of your invention from the outset.

  While providing essential legal safeguards, this two-track approach gives flexibility to inventors at various stages of development. 
  

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2. Publication of Application: After filing the complete specification, the application gets published in the official journal of the Indian Patent Office (IPO) within18 months from the priority date, unravelling the curtains on your invention for the public to see and access your patent application. The IPO also offers an expedited publication process upon request. To take advantage of this expedited option, applicants must submit Form 9 along with the prescribed fees. The expedited publication can significantly shorten the waiting time, enabling innovators to assert their rights more quickly in the dynamic field of patents.
   
   
3. Request for Examination (RFE): Your patent application is not automatically examined after it is published. The IPO needs your command to proceed to do so. You must give the “green light” to the IPO to proceed with examining your patent application by filing a Request for Examination within 31 months from the priority date. This request can be initiated by filing Form 18 and paying the prescribed fees for it. In a similar vein to the publication process, the IPO allows applicants to expedite their examination procedure as well. The same is done by filing Form18A. However, this provision for expediting the examination process is only limited to certain categories of applicants such as:
   • Startups 
   • Small entities 
   • Female applicants (including joint applications where at least one applicant is female) 
   • Government undertakings. 
     
     

   But don’t be discouraged if you fail to fit into any of these categories. Applicants who fall outside these classifications can still request expedited examination by another strategic route which is by choosing India as the International Searching Authority (ISA) or the International Preliminary Examining Authority (IPEA) in a related Patent Cooperation Treaty (PCT) application.
   
   

4. Issuance of the First Examination Report (FER) by the IPO: After the RFE has been filed, the IPO assigns a patent examiner to thoroughly review your application and subsequently issue a First Examination Report (FER). This report essentially serves as the initial assessment from the IPO and outlines any objections, concerns, or queries that the examiner has identified. Upon receiving the FER, applicants are allotted a period of six months to address and rectify any mentioned objections. This period is extendable by an additional three months, allowing applicants the necessary time to prepare a comprehensive response.
     
5. Re-examination of the application after complying to the FER: Once you submit the compliance addressing the objections outlined in the FER, to the IPO, the examiner conducts a re-examination of the application. This step is crucial to determine whether the objections have been satisfactorily resolved. If the examiner is convinced that the applicant has adequately addressed the concerns, they may recommend the application for a grant. Conversely, if the objections persist, the IPO may issue a notice for a hearing. 
    
6. Hearing:  During the hearing, the applicant is given an opportunity to directly address examiner’s objections by presenting arguments and evidences to persuade the Controller of Patents and convince the Controller of Patents to grant the patent. Following the hearing, the applicant is required to file a written submission incorporating any amendments or clarifications discussed. 
   
   
7. Grant of the patent: Finally, if the application complies with the Patents Act 1970 and all objections are successfully resolved, the IPO will issue an order for the grant of your patent.