The matter disclosed in the specification is not published in India or before the date of application filing the patent in India
Discovery is not clear to a person skilled in art in the light of previous publication / knowledge / document.
The invention should have a utility so that it can be made or used in the industry.
Importance of patent registration:
- A patent is an exclusive right and stop others from copying and selling the invention without patentee’s permission.
- To increase the revenue of the business license the patent is sold to others with sole royalty.
- The Patent is perceived to be a high profile activity and related only for researchers and scientists. In reality, creativity with innovative steps of product and process can be patented.
- Patents are extremely valuable one for small business and helpful one expanding their market share.
- Patent application in Form-1
- Inventor's right to file an application. The proof can be an endorsement at the end of the application.
- Complete specification or Provisional specification.
- Complete specification in Form 2 within 1 year from the specification filing.
- The statement and undertaking under section 8 in Form-3, if necessary.
- Declaration is to inventorship in Form for application with complete specification.
- If the application is regarding a biological material, then the applicant should submit the permission from the national Biodiversity Authority.
- All the patent application should bear the signature of the applicant or authorized person or patent attorney along with their name and date.
Procedure to Register
Step 1: find a patent
- The initial step before filing a patent registration is to searching the novelty of an invention in a worldwide search, to save the time and money.
Step 2: drafting the application
- After the worldwide search, the inventor written the invention as techno-legal language can be with or without claims. The inventor must quote the detailed description of invention with the best examples and working methods to skilled in the art can perform the invention.
Step 3: patent filing
- The legal portion is comes with the claims of the invention, it plays a major role in registering the patent. There is a multiple application of forms prepared according to the act. The drafted Provisional and complete specification is filed in form 2 of the patent act.
Step 4: request examination of the application:
- When a patent application is filed, the application is checked by the patent controller. If the applicant needs a speedy examination, has to apply to the Controller for a speedy examination i.e. an application stating the reasons within 48 months.
Step 5: certificate issued:
- At this stage the draft of the patent applicant is thoroughly evaluated and scrutinized. If there are any objections raised, the inventor must prove that the invention is capable of being patentable.
- Once the objections are answered and the examiner is satisfied that the applicant's findings meet all the conditions for patent approval. The patent is then granted to the applicant.