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Patent Registration

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WHAT IS PATENT REGISTRATION IN INDIA?

A patent is an exclusive intellectual property right granted to a patentee for a new invention or a new technological solution to an existing problem. The inventor of the product or idea is granted the patent right subject to the innovation and uniqueness of the same. Patents are registered with the government of India, and the registration process is as per the Patent Act 1970 and Patent Rules 1972. The government inspects whether the invention is new or not and then the patents right might be granted to the inventor. So, in case of a unique invention, it is comparatively easier to get a patent registration in India. It is not mandatory to have a patent registration, but it has its own set of benefits.

A patent registration grants the inventor the right to sell, make, or use the product or process it. It prevents others from replicating or reproducing the same product. A patent is a legal right granted by the Government of India to the inventor and can be used as evidence in the court of law. Patent registration in India is valid for a term of 20 years. After this tenure, the patent needs to be renewed or extended which will depend on several factors. The patent is granted for various inventions in the field of process, art, manufacturing method, computer software, chemicals, drugs and much more.

FEATURES

Legal Protection

Patent registration in India serves as legal protection to the patented invention. It can be used as evidence in the court of law in case of any infringement by other individuals or business entities. Therefore, in order to have legal protection for the product, patent registration is absolutely necessary.

Increased Business Revenues

The patent owners can easily increase their business revenues by charging premium from their customers for the patented product. A patented product is likely to be standardized as per the government norms, and thus, the inventor can easily charge more than its competitors.

Creation of Asset

A patent is an intellectual property making it an intangible asset of the owner. The owner of the patent can sell, franchise, or commercially contract the patent for earning revenue out of it.

Competitive Edge

Patent registration in India will give you a competitive edge over the competition. The competitors cannot replicate or reuse the invented product. This will ensure that your company is ahead of your competition for several years.

ELIGIBILITY CRITERIA

    • The applicant must be the actual inventor.
    • The product, process or idea to be patented must involve innovation & uniqueness.
    • Invention must be useful.

DETAILS AND DOCUMENTS

    • Details of the Applicant along with the KYC of the applicant
    • Complete details of the innovation to be patented.
    • Such other relevant documents as may be required

Patent registration Process

  • 1
    Verify Patentability of the invention

    To save time & money and be sure about your patent, patentability of the invention is check out.

  • 2
    Make an application for patent.

    Patent application with all required specifications & relevant annexures is prepared in prescribed forms & filed with the patent office.

  • 3
    Publication of Application

    Application filed is thereafter published by the department in the official patent journal.

  • 4
    Grant of Patent

    After the detailed examination of the application & settlement of all the objections raised, Patent is granted.

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Frequently Asked Questions (FAQ)

The patent registration process deals with the three main types of patent application. They are as follows:

  • Conventional application - This needs to be done within 12 months from the priority date.
  • PCT Application - It needs to be done within 36 months from the priority date.
  • National application - This includes both provisional as well as non-provisional application.

For filing the patent all the information regarding the invention should be in form of CD or USB drive. This needs to be submitted to the concerned government department. This information should include the invention in detail, comparison with the existing products, uses, and data of publication (if any).

The documents required for patent registration in India are as follows:

  • Form 1- Application for patent
  • Form-2- Provisional or complete specifications
  • Form-3- Statement or undertaking, if required
  • Form-5- Declaration of Inventorship
  • Form-26- Power of Attorney in case of assignment of patent agent
  • Form-28- In case the inventor is a small entity
  • Requisite statutory fees & such other required form/document

In India, the following invention are considered for patent registration.

  • Manufacturing substances produced.
  • Art, process, method or manner of manufacture.
  • Machine, apparatus, or equipment.
  • Computer software.
  • Food, chemicals, and drugs.
  • Invention in any field of technology

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