Patent Registration

An Overview of Patent Registration in India 

Patent rights refer to an entity or an individual obtaining intellectual property rights to their product of creativity or a formal document granting a sole right to a creative invention. In addition, if the invention is unique, the government will grant the individual or entity full freedom. It gives the right to produce, use, trade, or import the product or process and prohibits other people or entities from preparing it. The ‘Patent Act 1970’ and ‘Patent Rules 1972’ regulates Patents in India.

The Patent Attorney Registration’s validity in India is 20 years. There are many things for which a patent can be registered, such as art, a method or procedure to fabricate, a machine, an apparatus, an application or software, a drug or chemical, etc.

Different kinds of Patent Registration Applications

Basic Application

This, as the name suggests, is the default method for applying for an Indian Patent as per the Patent Act 1970. You can apply through this method if you have no other suitable application method. The date for priority and filing is generally the same.

Conventional Form

Investors or originators may file this type of application if they already have a patent registration in another country and wish to file another. The application for Indian Patent must be filed within 12 months during the initial filing stage.

PCT International Application

With the PCT International application, it is possible to file a Patent Registration application in repeated countries, and around 142 countries can be contacted. The time period it takes from the foreign registration date to claim authority in every state is of around 30-31 months.

PCT National Phase Application

This form must be filed within 31 months from the Global Registration Date. It should cover the following aspects:-

Novelty

The art should be new and fresh; it is demanded by the authorities. There should be no reference to an earlier created art.

Inventiveness

In order for the invention to be patentable, it must be innovation and/or technological advancement that contributes to existing knowledge, and the invention should not be visible to anyone who is skilled in the field.

Inventive Step

The product must have some innovative action and technological advancement that contributes to the existing knowledge, and the invention should not be visible to any individual skilled in the art.

Utility Application

This application is manufactured, fabricated or constructed. It is employed in at least a single field of action. The applicant is free to use the process and its properties as many times as required. It can also be constructed again as many times as required.

Advantages of Patent Registration

• Since the inventor holds all the rights to the product, it keeps the competitors at bay.
• In addition, the patent holders receive a premium benefit for the invention, which helps your business grown.
• Like other types of property, certain patent and registration offices can be licensed or traded.
• If you are willing to trade or license a patent that you own, you are able to raise capital for the business.
• Patent registration will increase the credibility of the product’s creator.
• The inventor will gain numerous advantages from selling the idea. There is a royalty of about 5% or less. However, it has many benefits for authors who have an innovative idea but lack the funds to turn it into a business or launch it to the market.
• Patent Registration gives the patent owner the complete right to exclude anyone from using their patented imaginations and innovations without their permission. The patent holder also gets to decide on whom to grant permission to use the invention after accepting the terms.
• If the patient’s conditions are violated due to its registration, one can take action against the defaulter.

Documents required for the Patent Registration process

• Apply through Form-1 
• Proof of the rights allowing the registration of the patent.
• If undertaking, then report  as per section 8 in form-3
• The power of administration mentioned in form -26 if a patent agent is filing the patent registration
• If the product is any biological substance, then the applicant has to get approval from the National Biodiversity Authority prior to allowing the patent registration through an agent.
• The geographical origin of the biological material must also be introduced if used in the innovation.
• The forms and documents must be signed by the applicant
• The signature of the agent is on the last sheet of the complete stipulation.
• StartUp India Certificate or MSME, if necessary.

The procedure of Patent Registration in India

Searching Patent

The most prevalent process is searching for a patent to ensure the authenticity of the invention.

Drafting the Patent

A patent is a legally registered document that gives information on the techniques used in the invention.

The conditions for Patent Registration can be of 2 types:

1. Provisional stipulation
2. Complete the blueprint

To guarantee a priority date, it is mandatory to file a provisional stipulation. It contains the features of the ‘invention,’ the ‘area of imagination,’ the ‘claims,’ the ‘process,’ and the ‘method’ for creating an invention.

Patent Registration form Filing

The Patent Registration E filing form must be duly filled with all the details same as the Patent Registry. In the case where the provisional condition is only registered, the entire set of requirements must be submitted within the time period of 12 months. Otherwise, it will be rejected.

Journal Broadcasting

Following the expiry period of 18 months from the preceding date, the invention details will be published in the patent journal. This consists of the title of the patent, primary abstract specifying what the patent is about, request no. of the registration and details of the inventor or applicant.

Patent Registration form Filing

The complete Patent Registration form is filed with the concerned patent registry. Upon registering the provisional condition, the applicant must submit the entire set of requirements within the time period of 12 months, or the application may be rejected.

Pre Grant Opposition

Any individual can register for the dispute under Section 25(1) of the Patent (Amendment) Act 2005 only if they do not do the following:-

• No prior communication
• Use it for public use early
• Loss of imaginative step in the invention
• The invention is Non-patentable
• The description is inadequate or inaccurate
• The priority is to help illegally
• Patent Registration appeal not registered within the time period of 12 months of filing
• Non-disclosing the use of biological source matter in the invention
• The invention may concern the traditional cognition of any community worldwide.

Patent Examination

This is a crucial step in the Patent Registration procedure. One has to go through a patent examination once the patent application is registered. The applicant has to request the Patent Examination within 48 months from the date of registration or from the priority date, whichever comes first. This initiative has to be taken by the applicant themselves, as it is not an automated process.

Grant

If all the necessary documents are submitted, and the patent is in accordance with patent law, it is granted. Remember – The patent is valid for 20 years.

Frequently Asked Questions