Patent Registration

Patent Registration– Hello friends, today we will talk about our new article, so friends, our new article is “Patent Registration”, today we will know about this new article. We will see in this article what is a patent and what should be done for its registration and what will be the formalities in it, we will know all this through this article. So to get complete information about this article, you stay with us through this article till the end. You will get to learn a lot from this article.

Patent Registration

The industrial property right to an innovation created by an individual or a company is obtained through the patent registration procedure. If your product is unique, the government will award you complete ownership of it. It gives you complete control over the creation, use, sale, and import of the goods or services and prevents others from doing so. The Patent Act of 1970 and the Patent Rules of 1972 regulate patents in India.

A patent has a 20-year lifespan. In most situations, this term is limited, but it can only be increased by an act of congress, and it can only be continued for a few years in exceptional cases.

The patent might be for a technique, an invention, a method of production, specific equipment, the machine, computer software, a technical application, chemicals, or medicines, among other things. 

In India, innovation can be registered as a patent. A patent is a legal right awarded by the government to an individual or business that prevents others from manufacturing, using, selling, or importing the patented product or method without permission or authorization.

NamePatent
Lifespan20-year
Paperwork ChargesPhysically filing your paperwork adds a 10% fee.
Official WebsiteClick Here
Form And Fees Check This

Types Of Patent Application in India 

  • Provisional Application
  • Ordinary or Non-Provisional Application
  • Convention Application
  • PCT International Application
  • PCT National Phase Application
  • Patent of Addition
  • Divisional Application

Provisional Application

When an invention is still being tested and isn’t ready to be filed, a provisional application, also known as a temporary application, is filed. Furthermore, because the Indian Patent Office uses the “First to File” method, it is a preliminary application that is submitted with the patent office in order to claim priority (known popularly as the First-Come-First-Served-Basis).

In technical words, early submission of an invention prevents the designation of any other similar innovations as prior art to the inventor’s application. Furthermore, when an invention needs a longer time for development, this sort of patent application is filed. If a provisional specification is used to support an application, the applicant must file a complete specification within 12 months of the provisional application’s filing date.

The application would be invalid if this portion failed. An application for this purpose must include a brief description of the invention and be properly prepared to guarantee that priority rights for the innovation are acquired.

Ordinary or Non-Provisional Application

If the applicant does not have any priority to claim or if the application is not submitted in response to any previous convention application, this form of application is filed. It must be accompanied by a detailed specification that describes the invention in full.

Convention Application

A convention application is filed to claim a priority date based on a previous application filed in any of the convention nations that are identical or essentially comparable. To get convention status, an applicant must file an application with the Indian Patent Office within a year of the date on which an identical application was first filed in the convention nation. To put it another way, a convention application gives the applicant the right to claim priority in all of the convention nations.

PCT International Application

A PCT Application is a worldwide application, as implied by its name. Despite the fact that the application does not provide an international patent, it does open the way for a simplified patent application procedure in many nations at once. The Patent Corporation Agreement regulates it, and it can be validated in up to 142 nations. By filing this application, innovation can be protected against being copied in these nations.

Unlike other applications, it allows the applicant to submit the application to multiple nations within 30-31 months after the international filing date or priority date, giving the applicant more time to assess the invention’s feasibility.

PCT National Phase Application

An applicant is required to file a national phase application in each of the countries in which protection is requested. The deadline for filing the application is 31 months from the priority date or the international filing date, whichever comes first. Each member country’s national laws might be used to extend the time restriction.

The title, description, abstract, and claims included in the International Application under PCT should be regarded the Complete Specification for the National Phase Application. Aside from that, the same rules that apply to submitting and processing a regular patent application apply here.

patent registration

Patent of Addition

If the applicant finds an invention that is a minor modification of one that he has already applied for or patented, he must file this application. It can only be filed if there is no significant inventive step in the invention.

Because a patent of addition is only awarded after the parent patent, there is no need to pay a separate renewal fee throughout the life of the primary patent. Also, it will be issued for the same period as the patent for the primary invention, and will thus expire at the same time as the main patent. The date of filing will be the date on which the patent of addition application was submitted.

Divisional Application

If a single application claims more than one invention, the applicant may choose to split the application and submit two or more applications. These applications have a priority date that is identical to the parent application.

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Documents Required for Patent Filing in India

  • Form 1 of a patent registration application
  • Complete specifications in Form-2 are preferred, however, if that is not possible, a Provisional Specification should be used.
  • Form-3 Statement and Undertaking
  • Form 5: Declaration of Inventorship by the Inventor;
  • A letter from the inventor stating that he or she has the legal right to file a Patent Registration application.
  • If the patent agent/patent attorney files a Patent Registration application, the power of authority in Form-26 is required.
  • Priority materials must be filed with the application or within 18 months after the priority date in the event of a convention (Paris convention) or PCT national phase application.
  • If the application involves biological material taken from India, it is necessary to get authorization from the National Biodiversity Authority.
  • Any biological material included in the specification shall have the source of origin clearly stated in the Patent Registration application form.
  • An applicant/patent attorney must sign the patent registration application with their name and date, and the Specification (Complete or Provisional) must be signed on the last page with their date.

Filing the Patent Application

Forms to be filedExplanation
Form 1Patent registration Application
Form 2Provisional or Complete Specification
Form 3Statement and Undertaking under Section 8 of The Patents Act, 1970
Form 5Inventorship Declaration
Form 9Publication Request
Form 18Examination Request
Form 26Patent Agent Authorization
Form 28For Small Entity
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Patent Registration Procedure

patent registration

Step 1.Patent Search

Before we get into how to finish the patent registration procedure, it’s important to know whether or not a patent will be available. You may do so by visiting https://ipindia.gov.in/patent-administration.htm. If you haven’t already, you must complete this step.

  1. Novelty- A novelty search is essential for an invention since it informs the inventor if the invention has been previously disclosed or published.
  2. Non-Obviousness- Non-obviousness indicates that the innovation should be unknown to a person knowledgeable in the same area. This implies that the innovation must be distinctive and novel, as well as something that no one else has considered.
  3. Industrial Applicability- An innovation must be able to be employed in any sector or have economic potential. Furthermore, the innovation must not meet any of the exclusion conditions.

Step 2.Drafting of A Patent Application

  1. Following the patentability search, the inventor should create a Form 1 application.
  2. Then, with each application, you must provide a patent specification. This is done in Form 2, which specifies whether the specification is full or preliminary, depending on the stage of the invention. If the specification is provisional, the applicant has 12 months to finish the invention and file the entire application.
  3. Finally, your patent document must be submitted. The patent office will decide whether or not the patent may be issued based on this draught.

PATENT REGISTRATION PROCESS

Step 3.Patent filing

  • The inventor must write down the idea or concept, as well as the important facts regarding the invention that has to be patented, at this stage.
  • Create a visual representation of your concept in the form of diagrams that describe the innovation in further detail.

Step 4.Publication of patent Application

The patent office’s application will be published in the official patent journal. This is done 18 months after the patent is filed. For early publication, the inventor can utilize form 9. The patent will not be published in the journal if it is subject to any restrictions imposed by the Indian Patent Act on its publication.

Step 5.Examination

Before a patent is issued, it must be examined, and an application for inspection must be submitted in form 18. This procedure should not be postponed because it is a first come, first served situation. Following the filing of this application, it is forwarded to the patent officer, who examines each condition in accordance with the patent laws and regulations.

Any concerns that need to be resolved will be informed at that time.

Step 6.Issuance of Examination Report

In this case, the First Examination Report (FER) is filed after a comprehensive search has been completed.

Step 7.Grant of Patent

The patent is issued once the Patent Officer agrees that all objections have been addressed.

Rules of Patent Registration

  • The fee is described in the first schedule of the Patent Act.
  • If you file your documents physically, you will be charged an extra 10% cost.
  • In the event of a demand drought or banker’s check, the inventor can pay the fee through electronic methods.
  • The fee would be paid to the Patent Controller.
  • The remainder fee will be paid by the new applicant if the application is moved from a natural person to a person who is not a natural person (entity/institution).
  • The same may be said for start-ups. That is, if the application is transferred from a natural person to a person who is not a natural person, the difference will be paid by the person who receives the application.
  • The charge will not be returned after it has been paid. Unless an extra amount is paid to the Patent Controller.
  • The cost can be paid ahead of time to save time during the application process.
  • If the application is withdrawn before the first statement of objection is issued, a portion of the cost may be refunded.
  • The specified amount is listed in the Act’s First Schedule.

Advantages of Patent Registration

  • It keeps rivals at bay since all of your rights are reserved for you.
  • Also, it increases your company’s profits by allowing the patent holder to charge a premium for the innovation.
  • Patents are similar to other types of property. As a result, they can be licensed or sold.
  • If you are willing to sell or license your patent, it will be easier to acquire financing for your company.
  • After the patent is registered, the inventor’s credibility will improve.
  • The innovator will get several benefits from selling the concept outright.
  • It only provides a 5% or less royalty, yet it is extremely beneficial to those who have a great concept but lack the financial means to put their innovation to market.
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I hope you enjoyed and learned a lot from this essay. Thank you very lot for your help. If you have any questions about this post, please leave a comment. I, Aarti Devatwal, would want to express my sincere gratitude for taking the time to read this essay. I hope you learned a lot from this.

What is patent registration?

The industrial property right to an innovation created by an individual or a company is obtained through the patent registration procedure.

What is the expiration date of a patent

The patent expiration date is 20 years.

Why IndiaFilings for Patent registration?

Expert help saves the time and effort that is required for registering a patent. Expert advice will help in obtaining a patent registration quickly.

Why is it necessary to carry out a patent search?

Many ideas are patented each year, yet many of them are denied because they are infringed. To reduce time and effort, a patent search is suggested.

Is India’s Indian Patent valid throughout the world?

Indian Patent registration gives territorial right only and it is not valid outside the territory of India.

What can be Patented in India?

In India, a novel invention with unique processes can be patented by filing a patent registration application.