BASIC PLAN
PATENT MEANING:
o A legal document giving the holder exclusive property rights over a specific invention.
o The government grants to an inventor while prohibits other persons from copying, selling or importing your invention, usually for a limited time.
o Patents rights to protect your inventions. If you have patent, then others are not permitted to make, use, sell, rent or, supply, import or stock your invention, or offer it to someone else.
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PATENT REGISTRATION
- PATENT MEANING:
- A patent is an exclusive right granted by the government of India to an inventor for his invention for a limited period of time.
- The inventor can register his patent with the Comptroller of Patents at the Indian Patent office for the product or the process.
- The registration allows the inventor to have special rights to use the product he invented.
- Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable.
- An individual can search the intellectual property regulator of India’s database to check if there is an object or invention that is the same or similar to the applicant’s invention.
PRE-REQUISITES FOR PATENT REGISTERATION
- NOVELTY: The product invented must be new to the industry, never been used or made before. It must be new to public knowledge. The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.
- INVENTIVE STEP: The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.
- UTILITY: The product must be a useful one and it must have a commercial purpose.
- INDUSTRIAL APPLICATION: The invention must be capable of being used in an industry
- NOT COMMERCIALLY USED OR DISCLOSED: The product before registering for a patent must not be a one already used for commercial purposes or disclosed to the public.
- COMPLIANCE WITH LAW: The invention must be patentable in accordance with the existing law.
DOCUMENTS REQUIRED FOR PATENT REGISTERATION
IDENTITY PROOF OF THE APPLICANT ( Driving license, voters ID, Aadhar card, ration card or passport).
Abstract/Details of the invention to be submitted in a CD or pen drive.
- Form 1 (Application for grant of a patent).
- Form 2 (Provisional/Complete specification).
- Form 3 (If the application is made in a foreign country along with this application).
- Form 5 – Declaration as to inventorship (only to be filed along with the complete application).
- Form 26 – Form for authorization of a patent agent ( when an agent is applying on behalf of the inventor).
- Form 28 – (in case the applicant is a start-up or small entity).
BENEFITS FOR PATENT REGISTERATION
- A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.
- Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.
- Patent can be sold as well as licensed like other forms of property.
- The inventor can also transfer it.
- A patented product improves the brand perception and potentially enables the business to charge a premium.
- With exclusive patent rights, the patent owner controls the use of the invention for twenty years and longer.
PROCEDURE FOR PATENT REGISTERATION
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.
- Our Expert will check and search invention, to ensure if work is patentable and does not exist earlier.
FILING PATENT APPLICATION
- Once all the details have been collected from you, Our Experts will draft a Patent Application and will apply for Patent Application.
PREPARING PATENTABILITY REPORT
- Our Experts will do extensive research and prepare the Patentability Report.
- The Applicant should attach all the specified documents along with the Patent Application.
- Our Expert will prepare and file complete specification with Indian Patent Office.
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.
WHERE TO FILE PATENT APPLICATION
- It is filed electronically using Form-1 and provisional/ complete specification, with the prescribed fee at the appropriate patent office.
- The jurisdiction of a patent office is decided based on the following:
- Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
- The place from where the invention originated.
- Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).
- The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.
- The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction
- The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.
- The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.
FREQUENTLY ASKED QUESTION - FAQ.
What is Registration of Patent?
- A patent is a right granted by the government of India to the inventor of very novel creations.
- The registration of the patent with the Controller of the patent gives exclusive rights to the inventor in exploring the product for commercial usage.
What does Patent do?
The patent right grants full rights to an individual or firm for making, using, selling, or importing the products and services and also restricts others from doing so.
Who can get Patent Registration?
The following can obtain patent registration:
- Art, process, method, or manner of the manufacture machine, apparatus, any products produced by manufacturing.
- Computer software with technical application, and even product paten for food, chemicals, medicines or drugs.
How long is Patent Registration valid?
Patent registration is valid for 20 years.
Can a Patent be renewed after years?
- The validity of a registered patent is 20 years and after the stipulated time it shall be released to the public domain.
- Generally, a patent cannot be renewed after 20 years, but if the product is slightly changed and additions are made to the invention then it can be renewed.
What documents are required to obtain Patent Registration?
- Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.
- ID Proof, address of the applicant and the various forms prescribed under the Patent Act.
Why is it necessary to carry Patent search?
As every year many inventions are patented, many of them are rejected as they are infringed. A patent search is advisable to save time and effort.
Does an applicant get a chance to be heard in case his Patent Registration get rejected?
- The applicant has to submit a request for a hearing 10 days before the expiry of the statutory period.
- If the applicant fails to do so the controller may then refuse the application without even hearing the inventors.
Who can form a Partnership Firm ?
- An Indian National who is also a Resident of India can form a Partnership firm.
- However, NRIs are allowed only to invest and needs prior to Government approval before investing in this firm.
How can a Patent search be done?
- The database of patents will provide every detail of existing inventions and application received.
- The applicant can conduct a search in the database using keywords.
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