Patent Registration
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 the patent holder’s approval or consent.
The primary step an inventor takes to safeguard their innovation from being exploited is to file a patent. Patent application in India is a time-consuming procedure. With The Startup Trends you can have your registration complete your registration in a hassle free way. Patent Registration is a legal process which grants exclusive rights of ownership and user ship to the inventor of a product, service, or technology. As a result, the inventor gains monopoly over his invention for the entire duration until the patent registration is valid. The Patent Registration process is extremely crucial for inventors and businesses to protect their innovative ideas and prevent others from using, selling, or manufacturing their inventions without permission or authorization. In India, Patent registration is governed by the Patents Act of 1970, and administered by the Indian Patent Office.
Key Benefits of Patent Registration
Legal Protection: Patent registration offers legal protection to inventors by granting them exclusive rights over their inventions. It prohibits others from making, using, selling, or importing the patented invention without the inventor’s authorization. This protection serves as a strong deterrent against potential infringement and provides a solid foundation for legal recourse in case any unauthorized use is detected.
Market Advantage: Obtaining a patent provides inventors and businesses with a competitive edge in the market. It allows them to capitalize on their unique inventions exclusively and prevent competitors from plagiarising their ideas. With a patent, inventors can secure a market monopoly, differentiate themselves from competitors, and potentially command higher prices or licensing fees for their patented technology.
Financial Opportunities: Patents can open doors to various financial opportunities. They can attract investors and venture capitalists who are interested in supporting innovative technologies. Patented inventions can also generate revenue through licensing agreements, where other businesses pay for the right to use or commercialize the patented technology. Additionally, patents can increase the overall value of a company, making it more attractive for mergers, acquisitions, or partnerships.
Research and Development Incentives: Patent registration encourages and rewards innovation by providing inventors with a time-limited monopoly. This incentivizes inventors and businesses to invest in research and development (R&D) activities, knowing that they will have exclusive patent rights and potential financial benefits from their inventions. It fosters a culture of innovation, promotes technological advancements, and contributes to overall economic growth.
What is the Importance of Patent Registration?
Legal Protection to Invention: Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered then legal protection is not enforceable.
Transferable Rights: Patent Registration gives the patentee a right to sell or transfer a patent as it helps in raising revenue.
Validity Period of 20 days: After Paten Registration, an invention is legally protected for a period of 20 years.
Competitive Advantage: Patent Registration gives a competitive advantage to the business. For similar products, competitors will not be able to use the patented invention.
Asset Creation: Patent is an Intellectual Property Right, therefore, Patent Registration given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.
Documents for filing Patent Registration Application
For filing Patent Registration application in India, documents required are as under:
1. An Application for Patent Registration in Form-1
2. Complete specifications in Form-2 however if not available then Provisional Specification
3. Statement and Undertaking n Form-3
4. A declaration from the inventor as to inventorship in Form 5;
5. A proof from the inventor regarding the right to file a Patent Registration application
6. If a Patent Registration application is filed by the patent agent/patent attorney then the power of authority in Form-26;
7. In case of convention application (Paris convention) or PCT national phase application, one has to file priority documents along with the application or within 18 months from the priority date;
8. It is required to submit the National Biodiversity Authority permission in case application is related to biological material obtained from India.
9. The source of origin of any biological material used in the specification should be clearly indicated in the Patent Registration application form.
10. The patent Registration application must be signed by an applicant/ Patent attorney with the name & date and Specification (Complete or Provisional) must be also be signed on the last page along with the date.
What are the Essential Ingredients of Complete Specification under Patent Registration?
Title and Preamble
Prior Art
Loopholes in the Prior Art
Solution to Drawbacks
Summary of the Invention
Statement of invention
Particulars of invention
Particulars regarding drawings
Examples
Claims
What is the Procedure for Patent Registration?
Step-1- Engaging a Professional
Before you proceed with the filing of patent application you need to decide if you will be taking any help of patent professional or undertaking the patent process itself. Considering the no. of deadlines it is recommended that you hire a professional who has experience in the world of patent.
If you decide to take the help of professional make sure that you sign a NDA (Non Disclosure Agreement) with the patent professional before revealing about your invention.
Step-2- Patentability Search
The very first step for Patent registration is the patentability search. Patentable search determines the novelty, inventiveness, industrial application & enabling of the invention. After Patentable Search, an applicant needs to create a user id and password for applying online.
Step-3-Drafting the Patent Application
After a patentable search, if the invention is patentable, an applicant has to draft an application that includes the description of the invention. Once a patent application is drafted, the very first step is to file the patent application.
Step-4-Patent Filing Application
The next step is filing the patent application. An application must contain specifications of the invention and other required and related details of the invention. An applicant can file both provisional and complete application for their invention to get a Patent registration.
Step-5-Publication of Application
Once the application is filed it goes to the Indian patent office. Simultaneously, the Indian patent office publishes the patent application in the official patent journal. Along with the same, the patent application comes in the public domain after the patent office publishes it.
Every application is published in the official journal after 18th month period from the date of filling of application or the date of priority of application whichever is earlier. There is a provision for early publication of an Indian Patent application by filling a formal request. The early publication rule does not apply if:
• Secrecy directions are imposed under Section 35 of The Act.
• Application has been abandoned under Section 9(1) of The Act.
• The applicant has withdrawn his application three months prior to the expiry of said prescribed period of 18 months
Step-6-Examination of the Application
After publication, the next is the examination of the patent application. Unlike the publication of the application, the examination does not happen automatically by way of filing the Indian patent application.
For examination, the applicant has to request for examining their patent application. It helps in determining whether the invention meets the statutory requirements for patentability or not. The examiner examines the application considering the prior art information of the invention
Step-7-Objection by the Examiner
The examiner can raise the objections while examining the application. The examiner scrutinizes the application following the patent act. Based on the information mentioned application, the examiner will issue an examination report to the applicant. The examiner will state all the objections related to the application.
Step-8- Office Action Response
Once the examiner issues the Examination Report, the applicant has to successfully revert on the objections raised by the examiner to receive a patent grant. The applicant has to respond to examination reports, appearing for hearing, etc.
Note- The maximum duration given to respond is 6 months from the issuing date of the First examination report. However, this duration can be extended for a period of another 3 months by filing a request to the IPO.
Step-9-Grant of Patent Registration
Once the application overcomes all the objections raised by the examiner, the patent office will grant a Patent to the applicant. Once the patent is granted, the IPO publishes it in the patent gazette.
Why The Startup Trends?
The Startup Trends is one of the platforms which coordinate to fulfil all your legal and financial requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.
If you have any questions about the Patent Registration process, our experienced representatives are just a phone call away. The Startup Trends will ensure that your communication with professionals is charming and seamless.