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Patent Registration Process in India

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Best for Identifying Existing Patents Related to your

Invention or Idea.

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₹ 499

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Benefits you'll get

Guaranteed call back from our Team within 3 hours

Consultation call with Experienced Professional for

20 mins

Our team will search for existing patents related to your invention or idea

Get 10% discount when you choose any of the Listed Plans

Best for Complete Specification Patent Filing for your

Invention or Idea.

Automatic Patent Publication

₹ 7499

+ Govt. Fees

Benefits you'll get

Consultation call with Experienced Professional for 20 mins

Guidance on preparing the necessary documents required

Drafting the Forms Required to be Filed for Patent Registration Application

Drafting and Filing of Patent Application between 8 - 10 days

Get 10% discount when you apply for Request for Examination after your Patent Publication with Us

Best for Complete Specification Patent Filing for your Invention or Idea in a very short period.

Early Patent Publication

best choice for patent filing

₹ 8499

+ Govt. Fees

Benefits you'll get

Consultation call with Experienced Professional for 20 mins

Guidance on preparing the necessary documents required

Drafting the Forms Required to be Filed for Patent Registration Application

Drafting and Filing of Patent Application between 3 - 5 days

Rapid Publication of the Patent Application from the Date of Filing (usually 3 - 4 weeks)

You (applicant) can claim patent rights from the date of publication

Best for Complete Specification Patent Filing and Request for examination your Invention or Idea.

Early Patent Publication and Prosecution

₹ 9499

+ Govt. Fees

Benefits you'll get

Unlimited Consultation call with our Experienced Professional regarding your application

Guidance on preparing the necessary documents required

Drafting the Forms Required to be Filed for Patent Registration Application

Drafting and Filing of Patent Application between 3 - 5 days

Rapid Publication of the Patent Application from the Date of Filing (usually 3 - 4 weeks)

Filing of Request for Examination for your Patent Application

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What is meant by Patent?

A patent is a legal document that grants an inventor exclusive rights to their invention for a limited period, typically 20 years. It serves as a protective shield, preventing others from making, using, selling, or importing the patented invention without permission. Essentially, a patent is a recognition of the uniqueness and innovation behind an idea, incentivizing inventors to disclose their creations to the public in exchange for the exclusive rights to exploit and profit from their invention.

Which Act governs the patent system in India? 

The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents  (Amendment)  Act,  2005  and  the  Patents  Rules,  2003.  The  Patent  Rules  are  regularly amended in consonance with the changing environment, most recent being in 2016. 

What can be patented?

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

Patent vs Trademark vs Copyright

What are the Values of Registering Patents?

  • Safeguard your unique ideas and inventions from unauthorized use or imitation by securing a patent.

  • Gain a competitive edge in your industry by establishing your ownership of valuable innovations, and enhancing your market position.

  • Patented inventions often attract investors and partnerships, signaling the credibility and potential for future growth.

  • Monetize your intellectual property by licensing your patented innovations to other businesses, creating additional revenue streams.

  • In the event of infringement, having a patent provides a legal foundation to enforce your rights and seek damages if necessary.

Documentation Required to Submit an Application for Patent Registration

A patent registration application must be filed with the following documents:

  • A complete specification of the invention, including the details of how it works and its applications

  • A declaration of inventorship and ownership of the invention

  • Drawings and diagrams of the invention (If applicable)

  • Details of the applicant or owner of the invention.

Forms Needed to Be Submitted with an Application for Patent Registration

The Indian Patent Office needs the following forms in order to register a patent in India:

  • Form 1: Application form for the grant of a patent (form 1) and includes details of the applicant, the invention.

  • Form 2: Provisional/Complete Specification (form 2) which includes the details of how it works, its application, diagrams and its claims.

  • Form 3: Statement and Undertaking (form 3) is a declaration submitted by the Inventor(s) to the Indian Patent Office (IPO).

  • Form 5: Declaration as to Inventorship (form 5) contains the name of the Inventor and a declaration by the inventor that the inventor(s) is the true and first inventor.

  • Form 9 (Optional): Request for Early Publication is the application that is published within 1 month from the date of request.

  • Form 26: Authorization of a Patent Agent (if filing a patent through Patent Agent).

  • Form 28 (Optional): Only required to be submitted by small entity or startup.

Drafting of Complete Specification of a Patent Application (Form 2)

The following are some of the key elements of a patent application:

  • Title: The title of the patent application should be clear and concise, and it should accurately describe the invention.

  • Abstract: An abstract is a concise summary of a Invention and should be written in a clear, concise, and informative manner, typically not exceeding 250 words, and should accurately reflect the content of the main document without including references or citations.

  • Description: A Detailed Description of the invention that includes sections such as Background of Invention, Field of Invention, Discussion of the related Art, and a Summary of Invention, providing an in-depth exploration of the invention's context, purpose, and innovative aspects.

  • Drawing: They must provide a detailed and accurate representation of the invention, contributing to a comprehensive understanding without relying solely on text.

  • Claims: It defines the legally enforceable aspects of the patent and they should precisely outline the unique elements of the invention and distinguish it from existing technologies.

What are the Qualifications for the Registration of Patents?

  • The invention must be new and not publicly disclosed prior to the filing date.

  • The invention should involve an inventive step that is not obvious to someone skilled in the relevant field.

  • The invention must be capable of being made or used in an industry.

  • The invention should not be an obvious modification of existing knowledge or technologies.

  • The patent application must provide a clear and complete description of the invention to enable someone skilled in the field to replicate it.

  • The patent should enable a person skilled in the art to carry out the invention based on the information provided in the application.

  • The invention should have a practical use and provide some tangible benefit.

  • Non-Patentable Subject Matter: Certain subject matters, such as abstract ideas, laws of nature, and natural phenomena, may not be eligible for patent protection.

  • Full and honest disclosure of the invention is crucial for the patent application.

  • Inventions can cover a wide range of fields, including products, processes, machines, and compositions of matter.

What are the three conditions in India for obtaining a patent?

In India, securing a patent involves meeting three fundamental conditions.

  • First, the invention must be novel, showcasing a unique and inventive concept that hasn't been disclosed or used anywhere in the world.

  • Second, it should involve an inventive step that is not obvious to someone skilled in the relevant field of technology. This emphasizes the importance of innovation and is a significant departure from existing knowledge.

  • Third, the invention must have industrial applicability, meaning it should be capable of being used or made in an industry.

Meeting these three conditions is crucial for obtaining a patent in India, and fostering an environment that encourages genuine innovation and technological advancement.

 Does Indian Patent give protection worldwide?

No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent.  

 

However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention. 

What are the types of Patents?

Utility Patents

Utility patents are the most common type of patents and cover new inventions or discoveries of a functional nature. These patents protect how something works and its intended use. They are granted for a period of 20 years from the filing date.

Design Patents

Design patents focus on the ornamental or aesthetic aspects of an invention rather than its functionality. If you've created a new and unique design for a product, this type of patent safeguards its visual appearance. Design patents are typically valid for 15 years.

Plant Patents

Plant patents are granted for new and distinct varieties of plants that have been asexually reproduced. This category is especially relevant for those involved in agriculture or horticulture. Plant patents, like utility patents, are valid for 20 years.

What are the types of patent applications in India? 

A) PROVISIONAL APPLICATION 

Indian Patent Law follows first to file system. A provisional application is an application which can be filed if the invention is still under experimentation stage. Filing a provisional specification provides the  advantage  to  the  inventor  since  it  helps  in establishing a  ―priority  date  of  the  invention. Further, the inventor gets 12 months’ time to fully develop the invention and ascertain its market potential and to file the complete specification. 

B) ORDINARY APPLICATION

An  application  for  patent  filed  in  the  Patent  Office  without  claiming  any  priority  either  in  a convention country or without any reference to any other earlier application under process in the office. Such type of application is known an ordinary application. 

C) CONVENTION APPLICATION

An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country. 

D) PCT INTERNATIONAL APPLICATION 

An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application. 

E) PCT NATIONAL PHASE APPLICATION

When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier. 

F) PATENT OF ADDITION

When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition if the modification in the invention is new. One of the benefits of filing patent of addition is that there no need to pay separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent. 

G) DIVISIONAL APPLICATION 

When an application claims more than one invention, the applicant on his own or to meet the official objection on the ground of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions. This type of application, divided  out  of  the  parent  one,  is  known  a  Divisional  Application.  The  priority  date  for  all  the divisional applications will be same as that of the main (the Parent) Application (Ante-dating). 

What Is Patent Renewal?

In India, patent renewal is a crucial process ensuring the longevity of your intellectual property. Patents grant exclusive rights for a specified period, typically 20 years, and to maintain this protection, regular renewals are required. Patent renewal involves the submission of fees to the Indian Patent Office, signaling the patent holder's commitment to upholding their rights. This process is fundamental in preserving the value of innovations, inventions, and technological advancements.

FAQs on Patent Registration in India

Q: Who can apply for a patent? 

A: In India, patent renewal is a crucial process ensuring the longevity of your intellectual property. Patents grant exclusive rights for a specified period, typically 20 years, and to maintain this protection, regular renewals are required. Patent renewal involves the submission of fees to the Indian Patent Office, signaling the patent holder's commitment to upholding their rights. This process is fundamental in preserving the value of innovations, inventions, and technological advancements.

Q: In which language can an application for patent be filed with the Indian Patent Office? 

A: An application for patent can be filed either in Hindi or English. 

Q: When can the request for examination be filed? 

A: The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier.

Q:  Is there any difference in the amount of fees to be paid by an individual or a legal entity for filing a patent application? 

A: Yes, the Patent Rules provides for different fee for individuals/Startups, SME‘s and legal entity. 

Q: Can the patentee pay renewal fee at a time or has to pay every year?

A: The patentee has choice to pay the renewal fees every year or he can pay in lump sum as well. 

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