Patent Registration

A patent is a special right granted by the government (Patent Office) to inventors for their inventions over a specific timeframe. This right provides exclusivity, allowing the inventor to manufacture or license the invention solely during this period. In return, the inventor discloses valuable know-how and information about the invention to the public domain, fostering further research and development in technology.

For a patent to be granted, the invention must be unique and meet specific criteria, including novelty, inventive steps, and industrial applicability. This legal protection ensures that others cannot use the patented invention without acknowledging the inventors. Not all inventions qualify for patents; they must satisfy certain conditions outlined in the law.

Patent should be unique and once its registered others not allowed to use without the acknowledgement of the inventors, not all the patents are registered, the invention must satisfy certain criteria to be patentable. As per the act, the invention must be a new product or a process, involving effective and inventive steps and capable of made and being used in industry.

Novelty

The information revealed in the patent specification has not been published in India or anywhere else before the filing date of the patent application in India.

Innovative Step

The discovery is not obvious to a person skilled in the relevant field based on previous publications, knowledge, or documents.

Industrially applicable

The invention should be useful and capable of being made or used in the industry.

Importance of Patent Registration in India:

  • Patent registration provides exclusive rights, preventing others from reproducing and selling the invention without the patentee's consent.
  • Licensing the patent contributes to business revenue, as it can be sold to others with a sole royalty.
  • Contrary to the perception that patents are only for researchers and scientists, creative and innovative product and process developments can also be patented.
  • For small businesses, patents are highly valuable, aiding in expanding their market share.

Online Patent registration requires

    If the applicant is individual

  • Pan Card
  • Aadhaar

    • If the applicant is company

  • Registration Certificate

Step 1: Search for a Patent

  • Before initiating the patent registration process in India, it is crucial to conduct a global search to verify the novelty of the invention. This step helps in saving both time and money.

Step 2: Drafting the Application

  • Following the global search, the inventor must document the invention in techno-legal language, with or without claims. The detailed description should include examples and working methods to enable those skilled in the art to perform the invention.

Step 3: Patent filing

  • The legal aspect involves drafting the claims, which are essential for patent registration. Various application forms are prepared in accordance with the patent act. The inventor files the drafted provisional and complete specifications using Form 2 of the patent act.

Step 4: Request examination of the application:

  • Upon filing a patent application, it undergoes scrutiny by the patent controller. If the applicant seeks expedited examination, they must submit an application to the controller, stating the reasons, within 48 months.

Step 5: Certificate issued:

  • At this stage, the patent application for Patent registration is thoroughly assessed. If any objections arise, the inventor must demonstrate the patentability of the invention.
  • Once all objections are addressed, and the examiner is satisfied with the applicant's compliance with patent conditions, the patent is granted.

FAQ'S


Any invention benefiting society can be eligible for a patent. The invention must be novel, non-obvious, and applicable to industry. It's crucial to ensure that the concept aligns with natural laws and has positive societal impacts. Inventions with elements contrary to nature, law, or negative societal effects are ineligible for patents. Additionally, the proposed invention should not have been published globally and must be unique to qualify for patenting.

As mentioned before, for an invention to qualify for a patent under the Indian Patents Act, it must be novel, non-obvious, and industrially applicable (Section 3). In addition to these fundamental criteria, various factors related to Inventorship and the authenticity of the invention play a role in determining its eligibility for patenting.

According to international standards, which India follows as a member of the Patent Cooperation Treaty (PCT) of the World Intellectual Property Organization, the duration of a patent is twenty (20) years from the filing date. It's essential to note that the patent rights become effective only upon the grant of the patent after the application and successful prosecution. After the patent is granted, the patentee needs to maintain their patent rights by paying the relevant annuity fees to ensure the continued validity of the patent.

No, a patent granted in India is applicable only within the country's borders. A patent is a territorial right, governed by the laws of the specific country. However, there is a provision for inventions that have received patent protection in India or have had a patent application filed in India. These inventions can seek patent protection internationally through a single-window application filed in India under the Patent Cooperation Treaty (PCT). This process allows for a streamlined approach to seeking patent protection in multiple countries.

Patent applications come in various types, including a simple patent application, applications under the Convention system, and applications under the PCT (Patent Cooperation Treaty). Additionally, there are Divisional Patent Applications and Patents of Addition.

India, along with other global nations, is a member of the PCT (Patent Cooperation Treaty), facilitating the creation of International Patent Applications. E-PCT stands for Electronic Patent Cooperation Treaty. It's a system that allows for the electronic filing and processing of international patent applications under the Patent Cooperation Treaty (PCT). It streamlines the patent application process, making it more efficient and accessible globally.

Any patent application submitted to the Indian Patent Office is maintained in confidentiality until its publication (after 18 months from filing), unless the patent applicant requests early publication. The Indian Patents Act also includes secrecy provisions to withhold information on specific patent applications, particularly those related to defence and associated technologies.

Yes, during the validity period of the patent, the patentee has the option to extend the patent rights by paying the required annual fees, renewing them on a yearly basis.

Engaging in the intentional or unintentional act of outright copying or plagiarizing the knowhow or technology of an invention, especially one for which a patent has been granted or is under consideration, constitutes patent infringement. Such infringement can result in legal consequences, and the patent rights holder has legal provisions under the Patents Act to take punitive action against the infringing party.

Any person, whether an individual, a group, corporations, small or medium-sized enterprises, and start-ups, is eligible to apply for patents in India. The application process involves submitting the necessary forms and details of the invention, and this can be done either online or by physically filing at Patent Offices situated in New Delhi, Mumbai, Kolkata, and Chennai. The required fees can be paid accordingly.

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