Overview

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 approval or consent.

Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support from Filemydoc.com. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.

Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India's database to check if there is an object or invention that is the same or similar to the applicant's invention. However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

Get Started to Apply For Patent Registration

Benefits of Patent Registration

The following are some of the advantages of filing a patent in India:

• A patent is a form of encouragement for innovations and inventions. Once an applicant is granted the patent, he or she becomes the exclusive owner of the invention or the idea.
• Filing a patent in India is important for a business as the patent restricts its competitors from copying, selling, or importing its intellectual property without prior permission. This way the patent holder can protect their patent rights in support of the existing laws of the land.
• Patents can be sold and licensed like other forms of property.
• A patent is just like any other intellectual property and can be transferred by the inventor.
• A patented product is likely to improve brand perception and potentially enable your business to charge a premium.
• With exclusive patient rights, the owner of the patent controls the use of the invention for twenty years or longer.

Checklist for Patent Registration

The Patent Act states that for an invention to be patentable, the invention must be a new product or process that involves an inventive step and can be used in the industry. For an invention to obtain patent registration, it should be technical and meet the following criteria-

• 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.

Types of patent application in India:

• Provisional application :
  Also known as a temporary application, a provisional application is filed when an invention is still in the pipeline and has not been finalized. Early filing of a patent will prevent any other related inventions from being designated as prior art to the inventor's application. This type of patent application is filed when an invention requires additional time for development.
• Ordinary or Non-Provisional application :
  This type of 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 filed through:
  1. Direct Filing: Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.
  2. 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 :
  Though the PCT international application does not provide an international patent grant, it paves the way for the streamlined patent application process in many countries at one go. The Patent Corporation Treaty governs it and can be validated in up to 142 countries. Filing this application will protect an invention from being replicated in these countries.
• PCT National application :
  This application is filed if the applicant discovers that he has come across an invention, a slight modification of the invention that has already been applied for or patented by the applicant. PCT National application can be filed if the invention does not involve a substantial inventive step.
• Divisional application :
  An applicant may choose to divide an application and furnish two or more applications if a particular application claims more than one invention. The priority date for these applications is similar to that of the parent application.

Documents Required For Patent Registration

To register for Patent you need to give us the following details and documents.

• Application form in duplicate (Form 1)
• The provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months (Form 2)
• Drawing in duplicate (if necessary)
• Abstract of the invention in duplicate
• Information & undertaking listing the number, filing date, & current status of each foreign patent application (if such exist) in duplicate (Form 3)
• Priority document (if the priority date is claimed) in convention application, when directed by the Controller
• Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5)
• Power of attorney (if filed through any patent agent)

How to Apply For Patent Registration Online

Here is the step by step process for getting Patent registration in India:

• Step 1: Patent Search
  To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.
• Step 2: Patent application filing
  Patent Filing is considered to be the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice. Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.
• Step 3: Preparing patentability report
  The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.
• Step 4: Publication of patent application
  After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.
• Step 5: Patent Examination
  Within 48 months from the patent's first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
• Step 6: 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.
• Step 7: Grant of patent
  Once all the patentability requirements are met, the grant patent's notification will be published in the Patent Journal.

Why Filemydoc.com for Patent Registration

1. Access to Expert : We provide access to best professionals and coordinate with them to fulfill all your legal requirements. You can also track your job progress with our easy-to-use dashboard, at all times.
2. Realistic Expectations : By handling all the paperwork, we ensure a seamless interactive process with the government. We provide clarity on each process to set a realistic expectations.
3. Strong Legal Team : With a team of over 300 experienced business advisors and legal professionals, you are just a phone call away from the best in legal services.

FAQs on Patent Registration

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