Patent Registration India
- Start using © symbol with our Guaranteed 5-7 Days Filing
- blue tick Transparent process through follow-up and regular updates. Filing your copyright starts from ₹3999 ₹2999 + Govt fees
Patent
A patent enables the owner of an invention to restrict unauthorized creation, use, importation, or commercialization of the item by any third party. A thorough Indian Patent search is performed prior to obtaining a patent in order to ascertain the uniqueness of the established system or process. To perform an Indian Patent Search, it is necessary to extensively search the database of the Indian Patent office for a particular project that corresponds to the discovery made by the applicant.
A patentability search is conducted by searching the patent database for patent applications that are identical or similar to the invention being patented. An individual may conduct a patent search in order to increase the likelihood of obtaining a patent registration or to gain knowledge regarding patentable concepts.
Patents Act (In India):
The historical account of patent law in India commences with the enactment of the Indian Patents and Designs Act, 1911 in 1911. As of the present, patent regulations in India are governed by the Patents Act of 1970. It was initially implemented in 1972. The Office of the Controller General of Patents, Designs and Trade Marks, is the governing authority of the Indian Patent Act. Amendments were made to the Patents Act in 1999, 2002, 2005, and 2006 respectively. Additionally, the rules under Patent Act were amended in 2012, 2013, 2014 and the most recent being in year 2016.
Process of Patent Registration:
The Indian patent registration process requires several phases. Below are the steps and timelines involved in the examination process for patent applications in India: –
- Patent Search: The first and foremost step is confirming the invention’s eligibility for patent protection through a search. A search should be done before filing a patent application in India to establish if a patent is available.
- Patent application drafting and filing: Once the search is complete, preparation of the patent application in a prescribed format is made. Each application has to be accompanied by a patent specification.
- Publication of application: In India, patent applications are published in the official patent journal.
- Examining of patent application: Every application filed for protection will be examined before a patent is finally granted. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules.
- Patent Grant: The patent is granted once all the objections raised by the officer are resolved.
What can be patented?
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 sections 3 and 4 of the Act.
Who can apply for patent?
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.
The benefits of patent registration in India are:
- Exclusive Rights: Grants exclusive rights to use, sell, or license the invention.
- Market Advantage: Provides a competitive edge by preventing imitation.
- Revenue Generation: Allows for licensing agreements and royalties.
- Legal Protection: Offers legal recourse against infringement.
- Incentive for Innovation: Rewards inventors and fosters technological growth.
- Asset Value: Increases company value with intellectual property assets.
- Global Protection: Can serve as a basis for international patent protection.
- Public Disclosure: Contributes to public knowledge and innovation.
Why Choose legaldost?
Expert guidance
Dedicated team
Client satisfaction
Ongoing support
Transparent processes
FAQ’s on Patent
Patentable subject matter includes an invention that satisfies the subsequent criteria: –
- It should be original.
- It should have inventive step or it must be non-obvious
- It should be capable of Industrial application.
- It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
The patent system in India is governed by the Patents Act, 1970 (No. 39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003.
No, the Indian patent do not provide global protection. It is effective only within the territory of India. There is no concept of global patent.
As numerous ideas are patented each year, many of them are denied because they have been infringed. In order to save time and effort, a patent search is advised.
An application for a patent can be filed at the earliest possible date and should not be delayed.
Delay in applying may expose the inventor to the following risks:
(i) another inventor may file a patent application for the same invention; and
(ii) the inventor or others acting independently of him/her may inadvertently publish the invention.
In general, a patented invention cannot be one that has been previously published or publicly displayed, as such action results in the invention losing its novelty.
Yes, all patent applications are kept confidential for 18 months from filing or priority date whichever is earlier, then published in the Patent Office’s Official Journal. After publication, the public can see and copy the documents for a fee.
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.
Applications for patent registration should include information about the invention on a CD or Pen drive that includes the innovation’s name, applications, and data.
No, the first step in the patent registration process is filing a patent. After the proper procedures, such as publication of the application, examination of the application, response to the examination report, hearing process, written submission to the hearing, etc., the patent is registered.