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Patent Registration - Garg Associate Get Expert Legal Services Online for Startups in India

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Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without the patent holder’s approval or consent.

The primary step an inventor takes to safeguard their innovation from being exploited is to file a patent. Patent application in India is a time-consuming procedure, with Indiafilings you can have your registration complete your registration in a hassle free way.

Provisional Application – A provisional application, also known as a temporary application, is filed when an invention is still in the works and has not yet been finished. Any other relevant inventions will not be recognised as prior art to the inventor’s application if a patent is filed early. When an invention requires more time to develop, this form of patent application is filed.

Ordinary or Non-Provisional Application – An ordinary or non-provisional application application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be submitted via:

Direct Filing – Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.

Subsequent Filing – Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.

Convention Application – The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries.

To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.

To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.

PCT International Application – PCT international application does not result in an international patent grant, it open the way for a shortened patent application process in multiple nations at once.

It is governed by the Patent Corporation Treaty, which can be validated in up to 142 nations. By filing this application, an innovation will be protected from being copied in these nations.

PCT National Application – If the applicant discovers an innovation, or a modest modification of an invention, that has already been applied for or patented by the applicant, he must file this application. If the invention does not need a significant inventive step, a PCT National application can be filed.

Divisional Application – If an application claims more than one invention, the applicant may choose to partition it and submit two or more applications. These applications have a priority date that is comparable to the parent application.

According to the Patent Act, an invention must be a new product or technique that incorporates an inventive step and can be used in the industry in order to be patentable. An invention must be technical and meet the following requirements in order to be patentable.

Novelty – 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.

Industrial Applicability – Invention should possess utility so that it can be made or used in the industry.

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

  • The true and first inventor.
  • True and first inventor’s assignee.
  • The representative of the deceased true and first inventor his / her assignee.
  • According to the Patent Act, a “person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
  • In the case of a proprietorship firm, the application should be made in the proprietors’ name.
  • In partnership firms, the names of all personally responsible partners must be included in the patent application.
  • An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
  • The applicant is required to disclose the name, address, and nationality of the true and first inventor.
  • Patent application in Form-1.
  • Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form-2 within 12 months of filing of provisional specification.
  • Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
  • Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
  • Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
  • Priority document must be filed in the following cases:
  • Convention Application (under Paris Convention).
  • PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled.
  • Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
  • If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
  • The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  • All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
  • Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

Patent Search

You must verify that your invention idea is unique in order to file a successful patent application. A patent search will confirm this, and the client will be able to avoid time-consuming procedures.

Patent Application Filing

Patent Filing is considered to be the most crucial aspect.The whole process specification is a specialised task that requires expert guidance to complete successfully.

It is wise to get professional assistance while drafting a patent application. It is recommended to file a provisional patent application if the individual is still in the initial stages of research and development.

Preparing Patentability Report

Patent professionals or agents will conduct comprehensive study and provide a patentability report. As a result, the applicant must include all of the required documentation with the patent application.

Publication of Patent Application

Within 18 months, the application is published in the patent journal. A request for an early patent filing can be filed along with the required expenses.

Every patent application filed in India is kept confidential until it is formally published in the Patent Journal by the Indian Patent Office.

The publication of filed patent applications occurs automatically after 18 months from the date of filing, and no request is required.

Patent Examination

There would be a formal submission of a request for patent examination within 48 months of the patent’s first filing. If the applicant fails to file within the specified time, the patent office will treat the application as withdrawn. After that, the examiner performs a thorough investigation and issues the first examination report, known as 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.

It’s filed at the appropriate patent office using Form-1 and a provisional/complete specification, along with the required fee. The following factors are used to determine a patent office’s jurisdiction –

  • 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).

Mumbai Patent Office Jurisdiction

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.

Delhi 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.

Chennai 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.

Kolkata 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.

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

  • 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.
  • Patents can be sold as well as licensed like other forms of property.
  • The inventor can also transfer the patent ownership.
  • 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.
  • International Patent Protection Scheme, reimbursement of upto Rs.15 lakhs or 50% of total expense incurred for MSME international patent filing is provided by the Government.