Start Legal Patent Process
A patent is a legal paper that provides individuals or businesses with the capacity to protect their inventions, stopping any illegitimate import, manufacture, or sale of their product. Inventors commonly decide to patent their inventions to shield their creative ideas from being exploited.
What is Patent Registration?
The process of patent registration is a legal step that permits inventors license rights to their product, service, or technology. This grants the inventor control over their creation for the entire duration of the patent’s legitimacy. Patent registration in India is guided by the Indian Patents Act of 1970, as well as the rules and regulations established under it.
Required Documents
It is essential to provide the required documents for Patent registration. These are listed below:
- Patent Registration Application Form-1.
- Ensure that the specifications in Form-2 are fully completed. If these specifications are not accessible, you may consider using a provisional specification instead.
- Form-3 contains both a statement and an undertaking.
- A formal statement from the inventor regarding inventorship is included in Form-5.
- Evidence from the inventor demonstrating the entitlement to file a Patent Registration application
- A Form-26 power of authority is compulsory when a patent agent or attorney files a patent application.
- For convention applications or PCT (Patent Cooperation Treaty) national phase applications, it is mandatory to provide priority documents either with the initial application or within 18 months from the priority date.
- The National Biodiversity Authority’s permission is necessary for applications including biological material obtained from India.
The patent registration application should include information about the source of origin for any biological material referenced in the specification. In order to complete the patent application, the applicant or attorney must sign it, indicating their name and the date.
Procedure for Patent Registration
The process of registering a patent includes various stages, commencing with a complete Patent Search and concluding with the issuance of a Patent Registration Certificate.
- Determining the patentability of the invention by performing an extensive search
The initial step in the Patent Filing process involves conducting an extensive search on a global scale to ascertain the uniqueness of your invention. It is generally recommended to carry out patent searches before proceeding with a patent application. If your invention is identified in prior art or closely resembles existing inventions, the novelty of your invention may be called into question by the Patent Office.
- Developing Patent Specification
Once the search process has been concluded and verified, the subsequent task is to fill out an application form in form- 1.
Each application is required to be accompanied by a patent specification. This specification must be prepared in form 2, where the applicant must provide either a complete or interim specification depending on the progress of the invention. If an interim application is submitted, a 12-month timeframe is given to finalize the invention and submit the complete application.
Ensure you include a patent draft when submitting your application. This document is essential for the patent office to determine if your patent should be approved.
- Filing of Patent Application
Once the Patent Specification has been prepared, you can begin the process of filing a Patent Application. It is required to understand that patent applications can be provisional or complete, depending on the specifications outlined. The provisional or complete specification is lodged using Form 2, while the Patent Application form is lodged using Form 1, as per the regulations of the Indian Patent Act. If a provisional patent specification is lodged, a complete specification with the inventor’s claims must be submitted within 12 months from the initial lodgment. There are six distinct types of Patent Application forms, each designed to meet the specific needs of the applicant.
- Public Review Period for Patent Publication.
Upon finalization of the patent application process, the patent is presented in an official gazette for public viewing and inspection. This allows the general public to raise disapproval of the patent on the legal field.
- Applying for Patent Inspection.
The examination of a patent application takes place exclusively when a formal request for examination has been lodged. It is imperative to submit this request within 48 months from either the patent filing date or the priority date. The patent examiner thoroughly assesses the application and issues an examination report that highlights any objections raised during the review process. The applicant must respond to this report within 12 months of its issuance. If necessary, the examiner may summon the applicant or their representative for a show-cause hearing to address the objections. This particular phase is also known as patent prosecution.
- Patent conferral
After addressing all the objections mentioned in the examination report and receiving a satisfactory response from the applicant, the patent application is ready to be granted a Patent Registration.
Significance of Patent Registration
Registering a patent is crucial for a multitude of reasons. Here are some of them: –
Legal coverage
Legal protection is granted to the patent holder, enabling them to take legal action and seek compensation for patent infringement. However, without registration, this protection cannot be enforced.
Edge over competitors
The patented invention grants businesses a competitive edge by prohibiting competitors from employing the patented technology in similar products.
Negotiable Rights
When a patent is registered, the patent holder can make a profit by selling or transferring the patent.
Asset Generation
A patent, being an intellectual property right, is a valuable asset for businesses, offering exclusivity. It can be sold, transferred, or used in commercial agreements.
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FAQ’s
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.
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.