Patent Registration
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Patent Registration
What is Patent ?
A Patent is an intellectual property and is the exclusive right granted for inventions. It is granted by the Government of India to the Patentee for a limited period of 20 years from the date of application. It is provided in exchange for the full disclosure of his/her invention, for excluding others from making, selling, using and importing the patented product or process of producing that product for those purposes. The purpose of this system is to encourage innovation, dissemination of technology and development of industries. Patents ensure legal title for the invention for which patent has been granted, which may be extremely valuable to an individual or company and they should make best use of this system. Patent right is territorial in nature. For eg. Patent granted in US is not enforceable in India. The inventors or their assignees should file separate patent applications in India through patent attorneys in India for obtaining patents in India.
- According to the Indian Patent Law, the invention must be new in order to be patentable
- Prior use of invention before filing an application for patent can also destroy originality/novelty
- An invention can only be patentable if it is useful
- An invention can only be patented when it fulfills the criteria for patentability as per the law in India
Facts about Patent Registration in India
- Complete Patent Specification including patent claims
- Patent Drawings (if any)
- Patent Priority Documents
- Patent Abstract
- Power of Attorney
Required Details
- Building business around the invention
- Having patent helps in raising capital for business
- Patent rights can be licensed to other companies to receive royalty payments
- You can sell the patent
- Being owner of the patent you have rights to block others from making, using, selling or offering importing the patented invention for sale, and
- Thus businesses and inventors can have a complete monopoly and competitive advantage
What are advantages of getting patent in India
Frequently Asked Questions
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
Yes. It is possible to file an international application known as PCT application in India in the Patent Offices.
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. However, legal representative of any deceased person can also make an application for patent.
An invention to become patentable subject matter must meet the following criteria:
- It should be novel.
- It should have inventive step or it must be non-obvious.
- It should be capable of Industrial application.
Should application for Patent be filled before or after publication of the details of the invention?
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before filing of the patent application may be detrimental to novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is grace period of 12 months for filing application even after publication.
Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in a exhibition organized by the Government or disclosure before any learned society or published by applicant.
A patent specification can be prepared by the applicant himself or his registered and authorized agent. The patent specification generally comprises of the title of the invention indicating its technical field, prior art, draw backs in the prior art, the solution provided by the inventor to obviate the drawbacks of the prior art, a concise but sufficient description of the invention and its usefulness, drawings (if Any) and details of best method of its working. The complete specification must contain at least one claim or statement of claims defining the scope of the invention for which protection is sought for.
Generally, an application filed with provisional specification is known as provisional application which is useful in establishing a priority date for your invention. Moreover, filing of a provisional application is useful as it gives sufficient time to the applicant to assess and evaluate the market potential of his invention before filing complete specification. However, it is not necessary to file an application with provisional specification and one can file application directly with complete specification.
Yes. All the patent applications are kept secret upto 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.
Yes, the applicant can make a request for early publication in Form 9 along with the prescribed fee. After receiving such request the Patent Office publishes such application within a period of one month provided the invention contained thereon does not relate to atomic energy or defense purpose.
The patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination either from the applicant or from third party.
The request for examination can be filed within a period of 48 months from the date of priority or date of filing of the application whichever is earlier.
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