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Patent Registration in India
Patent Registration is a legal process that bestows exclusive ownership and usage rights upon the inventor of a product, service, or technology.
Patent Registration is an essential step for inventors and businesses to secure their innovations, providing legal protection and exclusivity. Governed by the Patents Act of 1970, this process plays a pivotal role in preventing unauthorized use of inventions in India. Key features of having your inventionpatented are:Â
- Exclusive Rights:
- Grants monopoly over the invention.
- Ensures sole ownership and usership during the valid registration period.
- Importance for Inventors and Businesses:
- Crucial for safeguarding innovative ideas.
- Prevents unauthorized use, sale, or manufacture of inventions.
- Legal Framework in India:
- Governed by the Patents Act of 1970.
- Administration overseen by the Indian Patent Office.
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Key Benefits of Patent Registration
1. Legal Protection:
- Grants exclusive rights, prohibiting unauthorized use.
- Serves as a deterrent against infringement and enables legal recourse.
2. Market Advantage:
- Establishes a competitive edge in the market.
- Secures a market monopoly, preventing idea plagiarism.
3. Financial Opportunities:
- Attracts investors and venture capitalists.
- Generates revenue through licensing agreements.
- Increases company value for potential mergers or partnerships.
4. Research and Development Incentives:
- Rewards innovation with a time-limited monopoly.
- Encourages investment in research and development.
- Fosters a culture of innovation and contributes to economic growth.
Patent Registration Eligibility in India
Patent registration in India requires adherence to specific eligibility criteria. Familiarizing oneself with these criteria is essential before embarking on the patent registration process.
Novelty:
- The invention must be new and undisclosed to the public before filing the patent application.
- It should offer something inventive, not part of existing knowledge or prior art.
Inventive Step:
- The invention must show an inventive step, not obvious to a skilled person in the relevant technology.
- It should involve technical advancement not readily deducible from existing knowledge.
Industrial Applicability:
- The invention must be industrially applicable, usable in an industry.
- It should have practical utility across various technological fields.
Exclusions:
- Certain subject matters are excluded from patent protection.
- Exclusions include inventions against public order, morality, or health, and items like discoveries, scientific theories, and computer programs per se.
Ownership:
- The person applying for patent registration must be the true inventor or the inventor’s assignee.
- In the case of joint inventors, they should be co-listed in the patent application.
Non-Disclosure to the Public:
- The invention should not have been publicly disclosed before filing the patent application.
- Public disclosure can impact novelty and nonobviousness, potentially affecting eligibility for patent protection.
Documents for Patent Registration in India:
1. Application Form (Form 1):
Duly filled and signed with applicant details.
2. Specification Document (Form 2):
Describes invention, including technical aspects and drawings.
3. Abstract of the Invention:
Brief summary (≤ 150 words) highlighting technical features.
4. Power of Attorney:
If filed through an agent, authorizing them.
5. Statement and Undertaking (Form 3):
Declares inventorship and accuracy of information.
6. Priority Document (if applicable):
Certified copy with English translation for priority claims.
7. Proof of Right to File:
Document proving applicant’s right to file (e.g., assignment deed).
8. Form 28 (for MSMEs/Startups):
Claim reduction in fees if applicable.
9. Proof of Fee Payment:
Submission of payment proof for registration and additional services.
Period of Validity for Patent Registration
The patent registration remains valid for 20 years from the application filing date, offering exclusive rights to the inventor. Renewals start from the 3rd year after grant.
Frequently Asked Questions
The first step is to perform patent searches to determine the novelty of the invention. This involves conducting searches worldwide to identify prior art or similar inventions. It is important to perform these searches before filing a patent application to save time and money.
Patent drafting is the process of writing the invention in a techno-legal language known as the specification. This specification can be either provisional or complete. It includes a detailed description of the invention, working examples, and the best method of performing the invention. The legal part of the specification includes the claims, which define the legal protection sought by the inventor.
To file a patent application in India, you need to prepare a series of forms according to the Indian Patent Act, 1970. If you are filing a provisional application, you need to file Form-2 along with the drafted provisional or complete specification. If a provisional patent application is filed, a complete specification must be filed within 12 months. There are different types of filings, such as ordinary application, PCT National phase application, PCT International application, convention application, divisional application, and patent of addition application.
After the patent application has been filed, it goes through the process of publication. The application is published in an official journal after 18 months from the date of filing or the priority date, whichever is earlier. This publication allows the public to review the application and raise objections, if any.
The examination of a patent application in India takes place only when a request for examination has been filed. The request for examination must be filed within 48 months of the application filing date or the priority date. A patent examiner then examines the application and issues an examination report, which contains objections raised by the examiner.
Patent prosecution refers to the phase where an applicant responds to the examination report issued by the patent examiner. The response to the examination report must be filed within 12 months of its issuance. If necessary, the examiner may call the applicant or their agent for a hearing. This phase involves addressing and resolving the objections raised by the examiner.
Once all objections in the examination report have been addressed to the satisfaction of the examiner, the application is put in order for grant. If the examiner is not satisfied with the applicant’s response, they can reject the application. If the application meets all requirements, a patent is granted to the inventor.
