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Patent Registration
We assist you in registering the patent applicationform and it is a long and complicatedprocess.
What is Patent Registration?
A patent registration helps you to get a patent of an intellectual property right to an invention carried out by a firm or individual. Intellectual department (IP) has been initiated by government of India to grant you the full right to register your invention under patent(but only if it is exclusive). In return the discoverer should produce all the proofs connected to the invention as asked by the IP Department and also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Rules 1972 & Patent Act 1970. Patent does not last for a lifetime, if you file a license now then after a period of 20yearsitfalls under the public domain. The creation can be anything such as art, process, particular apparatus, and method to manufacture, machine, computer software, technical application, chemicals or drugs.
Criteria for filing a Patent
Novelty: i.e. some part of it has a new growth and has not been published in India before the date of filing of the patent application in India.
Inventive Step: If someone who is expert in that particular field would consider the invention to be a surprising development on the invention date.
Industrial Applicability: Invention should be helpful, such that it can be used in an business.
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Patent Documentation Requirements In India
1)Application in Form 1
2)Patent Specification in Form 2
3)Drawings With Description
4)Abstract of Invention
5)Claims of Patent
6)PAN card Aadhar card of Applicant
7)Priority Document (Convention Application)
8)Statement & Undertaking under Section 8 (Form 3)
8)Declaration of Inventor-Ship (Form 5)
9)Power of attorney (Form 26)
10)Form 28 in case of MSME/ Startup
11)Class 3 encrypted DSC
Type of Patent Application
In India, there are three main types of patent applications that can be filed, as follows:
Non-Provisional Patent Application: This is the most common type of patent application filed in India and is used to protect a new and useful invention or an improvement to an existing invention. The application must be filed with the Indian Patent Office, and it will undergo examination before a patent is granted.
Provisional Patent Application: This type of application is similar to the provisional patent application mentioned in my previous response. It is a temporary application that can be filed to establish a priority date for an invention. A non-provisional application must be filed within 12 months of filing a provisional application to obtain patent protection.
Convention Patent Application: This type of application is filed by an applicant who has already filed a patent application in a country that is a member of the Paris Convention. The convention application is filed in India within 12 months of the first patent application, and it can claim priority based on the earlier filing date.
Patent Registration Process
Patent Search
To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.
Patent application filing
Patent Filing is considered to be the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice.
Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.
Preparing patentability report
The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.
Publication of patent application
After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.
Publication of Filed Patent
For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.
Patent Examination
Within 48 months from the patent’s first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
Patent objections
Patent applications also receive objections, so it is mandatory to analyze the patent examination report and draft a proper response to the objections.
Grant of patent
Once all the patentability requirements are met, the grant patent’s notification will be published in the Patent Journal.
Benefits of Patent Application
The benefits of filing a patent in India can include the following:
Exclusive rights: As mentioned earlier, a patent provides exclusive rights to the inventor, allowing them to use, manufacture, sell, and license the invention for a period of 20 years from the date of filing the patent application.
Legal protection: A patent can provide legal protection against infringement of the invention by others, allowing the inventor to take legal action against any unauthorized use, manufacture, or sale of the invention.
Market advantage: A patented invention can provide a competitive advantage in the market and increase the value of the company. It can help attract investors, secure partnerships, and generate licensing opportunities.
Incentive for innovation: The availability of patent protection can provide an incentive for innovation and promote research and development in various fields, which can contribute to the growth of the economy.
International protection: Filing a patent in India can also provide the opportunity to seek protection in other countries through international patent treaties, such as the Patent Cooperation Treaty (PCT).
Government support: The Indian government provides various incentives and support for patent filing and commercialization of patented inventions through initiatives such as the Start-up India program and the National Intellectual Property Rights (IPR) Policy.
Validity of Patent
In India, the validity of a patent is for a period of 20 years from the date of filing of the patent application. However, in certain cases, the patent may be subject to early termination or revocation.
A patent can be terminated early if the owner fails to pay the renewal fees required by the Indian Patent Office, or if the owner voluntarily surrenders the patent by filing a request for surrender.
A patent can also be revoked by the Indian Patent Office or by a court of law if it is found to be invalid or not meeting the requirements of novelty, non-obviousness, and industrial applicability. The patent can also be revoked if it is found to have been obtained by fraud or misrepresentation, or if the invention is found to be harmful to public health or morality.
In addition, a third party can challenge the validity of a patent by filing a post-grant opposition within one year of the grant of the patent, or by filing a revocation petition at any time after the grant of the patent.
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