A Patent is a right granted by the Government Officials to the Individual and excludes others from making, using, selling patented products without prior intimation. The entire Patent Registration Process involves several steps to obtain a Patent in India. On this page, we will discuss the Patent Registration Process, Types of Patents, How to Obtain Patent, Who Should Register for a Patent, Documents required for Patent Filing, etc.
- What is Patent Registration?
- Provisional Patent
- Permanent Patent
- Patent Registration Process | How to do Patent Registration in India?
- Types of Patents in India
- Who can File a Patent?
- Documents Required for Patent Registration
- Benefits of filing for a Patent in India
- FAQs on Patent Registration
One can obtain a Patent Registration for an invention. The patent is a right granted by the government to the concerned person and prohibits others from making, copying, or selling without the consent of the patented person. It is an initial step that an individual does to protect his invention from getting misused. Not everyone gets a patent and the idea needs to meet specific guidelines in order to obtain a patent.
Numerous Creators/ Organizations create a patent before they even file their patents. You can do so by using a temporary patent and provides a sooner responsibility to create the item. Temporary Patent Holder is allowed for Perpetual Patent and this entire process needs to be done within a year or else it would be relinquished altogether.
A Permanent Patent is a Privilege provided to the Individual that avoids others from using, copying, selling the licensed item without the consent of the patented person. It is valid for 20 years and after that, it comes under general society space.
Patent Registration is the basic procedure you need to do before enlisting under the Patent Act. It is mandatory and individuals should document this so that it doesn’t get copied or stolen by others. Before applying for a patent one needs to keep in mind the below pointers and they are as under
Patent Search – You need to do a basic background search for all the existing inventions on the idea you are willing to obtain the patent. If at all there is a patent already existing on the same idea you will not be granted with the concerned patent. Instead of wasting your time anymore, you can halt at this point itself if the patent is already registered.
Patent Domicile – Patents that are registered in India are only valid here. If you wish to get a Patent in other nations too you need to apply differently in order to secure your patent in other nations too.
Application Preparation and Filing – Patent Attorney or Agents will do the required documentation. After finishing the patent drafting process patent is filed. After drafting filing of application would take around 1-3 days.
Review of Patent Application – Indian Government’s Patent Office will audit the Patent Application. Later, will check if there are any existing patents on the same idea. If they feel the idea is unique, patentable they will allow a patent for the application.
Grant of Patent – On receiving the patent application status will be updated in the portal. It takes around 6 months to 1 1 /2 years to receive a patent.
There are three types of patents in India. Each one of them is explained clearly in the following sections.
Utility Patent – It is one of the most critical sorts of patents and is for the Functional Part of Invention. It is the most popular one and needs a lot of expertise in the application drafting and presenting it before the patent office. Practical Utility of the Creation is secured.
Design Patent – This Kind of Patent is used for Ornamental or External Appearance of Creation or Invention. If a design is of functional necessity then it can’t be listed as a Design Patent.
Plant Patent – This kind of patent is granted for plant variety made via the asexual production of plant varieties. A Patent includes the following
- Title of Invention and it is the description provided by the inventor himself.
- Cross-reference of related applications. If at all there is an invention found closely related to the subject matter mention that under application for Patent Grant.
- Background of Invention
- Specifications such as Abstract, Description, Drawings, Claims regarding the Invention.
- An abstract is a brief description written around 150 words and not more than that as per the Patent Rules, 2003.
- Claim(s) is a techno legal part that describes the scope of the invention. It is all a unilateral statement written by the inventor defining the boundaries of his patent.
- Drawings provide a visual description of the invention.
- Description of Invention needs to be protected as it is an important prerequisite for Patent Grant.
Patent Registration can be made in any of the following scenarios. They are as follows
Novelty – Innovation needs to be new i.e. development should be made for the first time and shouldn’t be used previously. It should demonstrate new trademark registration and shouldn’t be listed earlier in its specialized field such as listing in articles, magazines, and so forth.
Inventive Step – Invention needs to be non-evident and shouldn’t resemble as it is gifted in the art to the individual. It shouldn’t be reasoned by an individual having great information in the innovation field. A person having the normal information in the Specialized Field is known as Person Ordinarily Skilled in the Art.
Industrial Application – Invention must be valuable and should meet the needs of Industrial Application. It needs to be fit so as to utilize it as a part of the business.
Not Publicly/Commercially Disclosed – Patent Application needs to be documented prior to any disclosure in the general public and shouldn’t be used before filing the patent application
Patentable Matter – Last but not least invention should be a piece of “patentable subject matter” under the Applicable Law.
Below is the list of documents needed for filing a patent in India. Keep them handy to get your patent registered and they are as under
- Patent Application in Form-1
- Proof of right in order to file the Patent. You can either attach it at the end of the application or along with it.
- In case of complete specifications being not available provide provisional specifications.
- In the case of provisional specifications then finish specifications in Form-2 within 12 months.
- Statement and undertaking as per Section-8 in Form 3 if any.
- In the case of patent agent filing the patent application power of authority exists in form-26
- If at all the application is for Biological Material, the applicant needs to get permission from National Biodiversity Authority before the patent is granted. Also, include the source of origin if you use the biological material in the innovation.
- Applications should have the signature of the applicant/authorized person/patent attorney.
- The Las Page of Complete/Provisional Specification should include a sign of the applicant mandatorily and also a sign at the right bottom corner of drawing sheets.
There are several advantages of filing Patents in India and we have outlined a few of them. They are as below
- A patent is a form of encouragement for inventions. Once you get a patent you are the owner of a particular idea or invention.
- Filing a Patent restricts the invention from getting copied, sold, or import intellectual property without prior permission. Thus, one can protect their patent rights as per the law.
- You can sell, license like any other property.
- It is much similar to intellectual property and can be transferred by the inventor.
- Patented Products can enhance your brand perception as well as potentially enable your business to charge a premium.
- Having Exclusive Patent Rights enables the owner to control the use of the invention for 20 years or longer than that.
1. What are the Types of Patents?
The most commonly used types of Patents are as under
- Utility Patents
- Design Patents
- Plant Patents
2. How to Check patent application status?
Indian Patent Database Search allows you to search the application status. All you have to do is simply type in the application number along with the shown code and then click on Application Status. On the next page, you will get the application status.
3. Who is a Licensed Patent Agent in India?
Anyone who is registered with the Indian Patent Office is considered a Licensed Patent Agent and can compose or arrange patent applications.