Patent Registration​

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What is Patent Registration?

A patent is a right granted by the government to an individual or enterprise that prevents others from making, using, selling, or importing a patented product or process without approval or consent. Patent filing is the primary step an inventor begins to protect his invention from misuse. Patent filing in India is tricky, but it can be done quickly with proper guidance and support. A person who desires to get a patent should consult with expert patent practitioners.

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Who can file a patent application?

Anyone alone or jointly with any other person may apply for patent registration for the invention of the following persons:

  1. The true and first inventor
  2. The assignee of the original and first inventor
  3. True representatives of the deceased and the first inventors their assignees

 

Any natural person, firm, association, group of individuals, or governmental entity, whether incorporated or not, is considered a “person” under the Patent Act.

  1. In the circumstance of a sole proprietorship, the application shall be filed in the owner’s name.
  2. The terms of all personally liable partners in partnership businesses must be mentioned in the patent application.

A genuine or legal person can assign a registered corporation, an LLP, a section 8 company, an educational institution, or the government. The applicant must disclose the faithful and first inventor’s name, address, and country.

What can be patented?

To be patentable, a design must be a new product or procedure that includes an inventive step and may be used in the industry, according to the Patent Act. The following requirements must be satisfied by a specialized technique for gaining patent registration:

Novelty: The matter revealed in the specification is not published in India or elsewhere before filing the patent application in India.

nventive Step: Invention is not apparent to a person skilled in the art in the light of prior publication/knowledge/document.

Industrial Applicability: The invention must-have utility made or used in industry.

Types of patent application in India

  1. Provisional Application: This application is filed when innovation is still in the works and hasn’t been finished. The first patent filing would prohibit any comparable design recognized as art before the inventor’s application. When an invention takes more time to develop, a patent application of this sort is filed.
  2. Ordinary or non-provisional application: This kind of application does not prioritize the claim or if the application has not been filed in pursuance of an earlier convention application. A complete specification can be filed through:
  3. Direct Filing: The complete specification is initially filed with the Indian Patent Office without relevant provisions.
  4. Subsequent filing: The complete specification is filed after filing the relevant provisional specification and claiming priority over the filed provisional specification.
  5. Convention Application: A Convention application is filed to claim a priority date based on the same or similar application filed in any Convention country. To be eligible for Convention status, an applicant must apply with the Indian Patent Office within one year of the date on which an identical application was first filed in the Convention nation. To iterate in simple words, a Convention application entitles the applicant to claim priority in all Convention countries.
  6. PCT International Application: Although the PCT International Application does not result in a worldwide patent, it does open the way for a more efficient patent application procedure in numerous nations at the same time. This is governed by the Patent Corporation Treaty, verified in 142 nations. Therefore, as a result of filing this application, innovation will be protected against copying in these countries.
  7. PCT National Application: This application is filed when the applicant finds that he has seen an invention, a minor modification of the story that has already been applied for or patented by the applicant. The PCT national application may be filed if the design does not include a significant inventive step.
  8. Divisional Application: If an application claims many inventions, the applicant may divide it and submit two or more applications. The priority date for these applications is the same as for the original application.

How to File Patent application?

  1. Patent Search: To file a successful patent registration, you must ensure that your invention idea is unique. Doing a patent search will confirm this and avoid lengthy processes.
  2. Filing a Patent Application: Patent filing is considered the most crucial aspect. The whole process specification is a specific task that expert advice can do correctly. Preparing a patent application is an art, and it would be wise to seek the help of an expert. However, if the individual is in the early stages of research and development, it is best to file a provisional patent application.
  3. Preparation of Patentability Report: Patent professionals or agents will then conduct extensive research and prepare a patent qualification report. Therefore, the applicant should attach all the specified documents and the patent application.
  4. Publication of Patent Application: After that, the application is published in the Patent Journal within 18 months. Then, early patent filing can be requested along with the prescribed fee.
  5. Publication of Patent Filed: The Indian Patent Office maintains each patent application secret until formally published in the Patent Journal for patent registration. Publication of a filed patent occurs automatically after 18 months of applying, and there is no need to raise any request.
  6. Patent Examination: A request to submit the patent for formal patent examination will be made within 48 months following the original filing. If the applicant forgets to file within the prescribed period, the Patent Office will consider the application withdrawn. The examiner then performs a thorough investigation and produces the initial examination report for the patent prosecution.
  7. Patent Objections: Patent applications also receive objections, so it is imperative to analyze patent examination reports and draft appropriate complaints.
  8. Grant of Patent: Once all patent qualification requirements are met, notification of the granted patent will be published in the Patent Journal.

Where to file a patent application?

It’s filed at the relevant Patent Office using Form-1 and a provisional/complete specification, together with the required fee. A Patent Office’s jurisdiction is determined by:

  1. The applicant’s residence, domicile, or occupation (the applicant mentioned first in case of joint applicants).
  2. The place from where the invention originated.
  3. The applicant’s address for service in India is given when the applicant does not have any business or residence in India (foreign applicant).

Advantages of filing a patent in India:

Here are the advantages of filing a patent registration in India:

  1. First, patents are a form of incentive for innovations and inventions. Once the applicant gets the patent, they become the design owner or the idea.
  2. Patent registration is necessary for a business because a patent prevents competitors from copying, selling, or importing intellectual property without permission. In this way, the patent holder can protect his patent rights by supporting the current laws.
  3. Patents, like other kinds of property, can be sold or licensed.
  4. The inventor may even move it.
  5. A patented product increases brand impression and may allow the company to charge a higher price.
  6. With exclusive patent rights, the patent owner has complete control over the use of the innovation for at least twenty years.