Patent Registration
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Patent Registration
A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval. If you own a patent it gives you the right to stop someone else from making, using or selling your invention without your permission. The patent rights are provided for a limited period of time in exchange for complete public disclosure of the invention. Any invention or inventive step having novelty and capable of industrial application can be patentable.
Process of Patent registration
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Documents submission & verification
Once you submit the documents required, our experts will do the paperwork and will conduct patent search.
Patent Application Filing
We will file the patent application with the Indian Patent Office.
Completion of work
After submission of all the documents & patent application, you will get the acknowledgment regarding the same.
Advantages of Patent Registration
Reservation of rights
As you have all the rights reserved to yourself, it keeps the competitors at bay.
Increased Revenues
It increases your business revenues as it enables the patent holder to charge premium for the invention.
Increased Credibility
The credibility of the inventor will go up after the patent registration is done.
Easy to raise capital
It makes quite easy to raise capital for your business, if you are ready to sell or license the patent that you possess.
Documents required for Patent Registration
- Patent Application in Form 1
- Complete specification in form-2 within 12 months in case of provisional specifications
- Drawing in duplicate (if any)
- Abstract of the invention
- Claims (if any)
- Information & undertaking Form 3 (if applicable)
- Priority document in convention application, on the direction of the Controller
- Declaration of inventorship (Form 5)
- Power of attorney (if filed through Patent Agent)
Criteria for a patent to be granted
- Novelty -- Any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application.
- Inventive Step -- There must be a feature of an invention that involves technical advancement as compared to the existing knowledge.
- Industrial Application -- The invention should be efficient enough of being made or used in an industry. Therefore, an invention must be useful to be patentable.
Types of Patent Applications
- Ordinary application: This type of application is used when there are not any applications or references to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.
- Conventional application: If an inventor has already filed a patent in other country and now wishes to do the same, i.e. a convention application entitles the applicant to claim priority in all the convention countries. It is compulsory to file the application for Indian patent within 12 months of first filing it.
- PCT International application: PCT International application lets you, file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.
- PCT National phase application: You can file this application within 31 months from the international filing date.
Frequently asked questions
What is Patent Registration?
A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval. If you own a patent it gives you the right to stop someone else from making, using or selling your invention without your permission. The patent rights are provided for a limited period of time in exchange for complete public disclosure of the invention. Any invention or inventive step having novelty and capable of industrial application can be patentable.
What can be patented?
It can be any invention related to work, manufacturing, the machine, process, computer software, or any other which was never introduced to the public before. A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India.
What is the validity of a Patent?
A Patent is valid for 20 years from date of application or date of priority whichever is earlier.
Why is expert help necessary in case of Patent Registration?
It becomes necessary to save time and effort which is required for registering your patent. The expert services will help you to be more accurate while filing for patents.
What is Patent Application?
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence.
Does the application gets an opportunity of being heard before his application is refused?
An applicant is required to submit a request of hearing 10 days before the expiry of the statutory period. In case of failure to do so, the controller may refuse his application without hearing the inventors take on the matter.
Is it possible to patent my application?
This depends on the element of the application which you wish to protect. If it’s the technical idea that you seek protection for, then getting it patented is a good option. The technical idea should be able to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used, then trademark would be more feasible. Literary and artistic works included within your application can be protected by copyright.
What are the criteria adopted for grant of a patent?
To qualify for patent protection, an invention must be new, useful and non-obvious.
1. Novelty: Any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application.
2. Inventive Step: There must be a feature of an invention that involves technical advancement as compared to the existing knowledge.
3. Industrial application: The invention should be efficient enough of being made or used in an industry. Therefore, an invention must be useful to be patentable.
Can patents be transferred or sold?
A patent is personal property and may be transferred, sold, mortgaged, bequeathed by a will or passed to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.
What do the terms "patent pending" and "patent applied for" mean?
They are terms used by a manufacturer or seller of an invention to inform the public that an application for a patent on that invention is on file with the PTO. These do not have any legal effect. The protection afforded by a patent will start only upon the actual grant of the patent.