WHAT IS PATENT REGISTRATION?

An inventor with a patent has the sole right to prevent others from creating, utilizing, selling, or acquiring their invention or an Idea. Indian patent registration is now a simple process.

In case it is unique, the government will grant you the full right to your you the full right to make, use, sell or import the product or services and prohibit others from doing so. The lifetime of a patent is 20 years once renewal.

A private or public company as well as a partnership firm can also apply for the patent. A patent specification is nothing but a technical document describing the invention. A specification may be either provisional or complete.

AN OVERVIEW OF PATENT RIGHTS

A person who has made an invention or assignee can apply for the patent right individually or join based on the coinvent of the applicant. A patent application can be from a foreign residence.

After patent registration, one gets the intellectual property rights to an invention carried out by an individual or a firm. For the government to grant the patent the product has to be unique.

It grants you the full right of making, use, sell, or import the product or services and prohibits others from doing so. The patents are governed by the act  Patent Act 1970 and Patent Rules 1972 in India.

Steps :

  1. Making an Enquiry.
  2. Make the Payment for the registration process.
  3. Submission of the documents to the patent department.
  4. Will receive a patent right registration soon.
  5. Successful completion of pattern application registration

DOCUMENT REQUIREMENTS

  • Patent application in Form-1
  • Proof of right to apply to the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached to the patent application.
  • Provisional specifications, if complete specifications are not available.
  • The complete specification in Form-2 within 12 months of the filing of the provisional specification.
  • Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed with the application or in a period of 6 months from the date of application.
  • Declaration to inventorship in Form 5 for the designating India the applications with a complete specification or a convention application or a PCT application. By mentions, a request in Form-4 to the controller, Form-5 or Declaration as to inventorship have the option of filling within one month from the date of filing of the application 
  • Power of authority in Form-26, if a patent application is being filed by a Patent Agent. In case of a general power of authority, then a self-attested copy of the same can be filed by the Patent Agent or Patent Attorney.
  • All patent applications must have the signature of the applicant or the authorized person or the  Patent Attorney with name and date.
  • Provisional or complete specifications must be signed by the agent/applicant with the date on the last page of the specification. At the right-hand bottom corner of the drawing sheet signature of the applicant or agent should be there.
Priority documents must be filed in the following cases:
  • Convention Application (under Paris Convention).
  • PCT National Phase Application where requirements of Rule in section  17.1(a or b) have not to be fulfilled.
Note: Priority document has to be filed along with the application or before the eighteen months expiry period from the date of priority, to enable the early publication of the application.
  • Suppose the Application pertains to a biological material obtained from India. In that case, the applicant must submit permission from the National Biodiversity Authority at any time before the grant of the patent. However, it is sufficient if approval from the National Biodiversity Authority is submitted before the grant of the patent.
  • The Application form should also indicate the source and the geographical origin of any biological material used in the specification.

BENEFITS OF PATENT REGISTRATION

  • After official recognition, you can assert exclusive rights over the creation for ten years.
  • For leverage, the patent right helps to fund and start your own business.
  •  For an already-established business patent rights can be rented.
  • Further, you can ensure that no other person or organization is permitted to use, sell, or offer the patented service or solution.
  • Sell the patent to another company or organization.

A UNIQUE ADVANTAGE TO THE PATENT OWNERS

  • Building a business around the invention
  • For raising capital to  business , patent right will be useful.
  • Patent rights can be licensed to other companies to receive royalty payments
  • You can sell the patent
  • Thus businesses and inventors can have a monopoly and competitive advantage.
  • Being an owner of the patent you have the right to block others from
    1. making,
    2. using,
    3. selling or offering for sale, and
    4. importing the patented invention

FAQ

It is not possible to stop the product/process being copied , but once you get the patent action can be taken against the infringer. 

Normally , due to the lack of novelty the publicly displayed invention can not be patented, But under certain situation patents act gives an 12 months grace period for applying or filling for the patent , all the details are mentioned under the chapter VI act in section 29-34  

Yes, for a period of 18 months from the date of filling all the patent application  are kept secret and its is published in the Patent office’s , official Journal or in its IPO  website. Any one can have photocopy of it my paid the amount specified.

Any document or technology that benefits for the upliftment of the country’s economy and technology sector is referred to as  invention in Indian Patents Act.