Patent Registration

A Patent is an exclusive right given by the Government ( Patent Office) to an inventor for his / her invention for a period of time. The patent right, confers the exclusive privilege to manufacture, license the invention within that particular period. It’s a quid pro quo between the Government and the inventor for disclosure of the knowhow / information related to the invention. The information disclosed is helpful for further research and development in the technology for others as the information is passed on to Public domain.

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.

Criteria


Novelty

The matter disclosed in the specification is not published in India or before the date of application filing the patent in India

Innovative Step

Discovery is not clear to a person skilled in art in the light of previous publication / knowledge / document.

Industrially applicable

The invention should have a utility so that it can be made or used in the industry.

Importance


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.

Documents required


  • 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.

FAQ'S


Any invention which is useful to the society can be a subject matter of patent. Further the invention should be novel, non-obvious and industrially applicable. Of course, needless to say, even if there are elements of invention, in any concept but which is contrary to nature, law and has negative societal impact cannot be considered for Patenting. Also, the invention proposed for patent should not have been published elsewhere in the World and should be unique.

As stated earlier, an invention should be Novel, Non obvious and should be industrially applicable as per the tenets of Indian Patents Act, Section 3. Apart from the basic criterion for patent, there are several yardsticks that determine the Patenting elements, related to inventorship and genuineness of the invention seeking a patent.

As per the International norms, to which India has to adhere (since India is a member of PCT (Patent Co-operation Treaty (PCT) of World Intellectual Property Organization) the term of a patent is twenty (20) years from the date of Filing. Of course, the rights of a patent would be conferred on the Patentee would come to force only upon grant of the patent, post application for patent and its prosecution and successful grant. It must be remembered that after the Grant of Patent, the Patentee has to keep his / her Patent Rights, valid by payment of appropriate annuity fees, to keep the Patent rights intact.

No. A Patent Granted in India is valid within the boundaries of India. Patent is a territorial right, as any Act of India, which is enforceable only within India, Patent Act is also valid within India. However there is a provision by which an Invention which has Patent Protection in India, or a Patent Application filed within India, can be taken abroad, and sought Patent protection by means of a Single Window application filed in India, through PCT ( Patent Co Operation Treaty)

Patent applications are of different type’s viz., Simple application for Patent, Application under Convention system, and Patent application under PCT (Patent Co Operation Treaty). Also, there are Divisional Patent Applications and Patent of Addition.

India along with other countries of the World, being members of PCT (Patent Co Operation Treaty) has framed the International Patent Applications. Thus, filing of Patent Applications from say a country like India, in various other countries have been made a simple exercise and the Priority date of filing in India, is kept intact.

Any patent application filed in India, in Indian Patent Office, is kept secret till its publication (18 months upon filing) or in case if the patent applicant seeks early publication of his / her patent application. Also, there are certain secrecy provisions in Indian Patents act to keep information on certain patent applications secret. (Especially inventions related to Defence and related technology etc)

Yes, within the life / term of the Patent, the Patentee can renew the patent rights by payment of annuity fees, applicable year after year.

PAny person wilfully or otherwise, blatantly plagiarizing or copying the knowhow / technology of an invention for which Patent has been granted or is being sought would constitute an act of Infringement. Patent Infringement can lead to legal implications and the Patent Rights holder has rights enshrined in Patents Act to safeguard his / her rights by initiating penalizing acts against the infringer.

Any individual, group of individuals, Corporates, Small / Micro / Medium sector Industries and Start Ups can be applicants for Patents in India

A patent application can be made by filing appropriate forms and details of invention and it can be done ONLINE or by filing it physically in Patent Offices located in New Delhi, Mumbai, Kolkata and Chennai and appropriate fee amounts can be paid

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