CALL NOW +91 – 8800110989 In today’s fast paced life with rapid globalization competition across industries continues to grow and innovative solutions are sought for across various industries. Protecting the ideas or an individual’s or organization’s become vital for keeping the competitive edge. Patent registration is a set form of legislation that provides protection for inventions, and therefore fosters development of technology. This article is a culmination of an attempt to discuss the legalities of patent and its registration and with a focus on the patent registration process in India. It is important for inventors to learn on these procedures that are in connection with their innovations to ensure that they safeguard their creation and thereby enjoy the fruits of their efforts.
What is a Patent?
Patent is a legal protection accorded to an inventor for a novel invention for a limited period. This right gives the patent owner the authority to prevent other people from practicing the patented invention by making, using, selling or offering for sale an identical product (in the territory protected by the patent) without the authorization of the patent owner for a specified time period normally twenty years counting from the filing date. Patents serve to stimulate the development of new inventions by providing inventors an exclusive right on invented commodities for a period of time to allow the inventors to gain back spent resources in research and development.
Understand Patient Registration:
Patent is a legal procedure that provides an inventor or an innovator with a legal monopoly over the product of his or her creativity for a fixed period usually 20 years. This process involves preparing and filling an application with a patent office, and the application includes the claims to the invention and its distinct characteristics. A patent once received also bars other individuals from practicing the innovation in a commercial, industrial or any other way they want without the consent of the patentee. This protection aids innovation because originators of ideas may benefit from them in the future. Patents can translate into product, process and design and include examination to ascertain whether they meet factors such as novelty, non-obviousness, and application.
Types of Patents
There are various categories of patents one must know and understand in order to know where to place their invention. In India, there are three primary types of patents
Utility Patents: These are the most popular of all the classes and they are usually issued for a new and useful invention or an improvement on a current invention. This includes processes, machines, manufactures or compositions of matter whereby averages of at least three values are provided for each characteristic.
Design Patents: These patents are issued to an invention that is novel, non-obvious, and ornamental relative to an article of manufacture. Design patents are another type of patents and they don’t cover the functionality feature of the invention but rather that aesthetic aspects of the creation.
Plant Patents: Specifically, plant patents are awarded with new and distinct plant varieties that can be reproduced only by asexual means such as through budding, layering, or grafting etc. and they are of limited application more particularly in agri-horticultural sectors.
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Importance of Patent Registration
Patent registration is essential for several reasons some prominent reasons are given below
Protection: Patient offers legal defense against use or copying of the invention by anyone who does not have proper authorization to do it.
Commercial Benefits: The tangible way through which an inventor can benefit from their invention is through sales, licensing, or selling of the patent.
Market Positioning: For investors especially those dealing with technological companies, having a patent can boost the worth of its holder in the market.
Legal Advantage: When an invention has been patent protected, the inventor is in a better position legally as compared to a non-registered patent.
Patent protection in India is administered through the Indian Patent Office that falls under the Department of Industrial Policy and Promotion (DIPP) in the Ministry of Commerce.
Patent registration process in India is structured by the particulars of the Indian Patents Act, 1970 alongside the Indian Patent Rules, 2003. The following steps outline the patent registration process in India: The following steps outline the patent registration process in India:
1. Idea Conceptualization and Research
Sufficient research should be done before filing a patent to avoid falling under the two major bars to granting a patent which include; prior art and non- obviousness. This involves:
Prior Art Search: This can involve a search for prior art to determine whether inventions of similar nature had been patented in the past. This can be done through the Indian Patent Office database, Google Patents not only anyone goes for the international patents like USPTO, WIPO, etc.
Documenting the Invention: Another important step that is useful in preparing for the application of the invention is maintaining a log of drawings, diagrams, or any other written description of the invention process.
2. Drafting the Patent Application
A patent application consists of several parts:
Title: A short and concise description of the invention to be published as the title statement.
Abstract: This invention relates to a method of remunerating individuals within a system for facilitating the sharing of information within a business organization.
Detailed Description: It is a detailed account of the invention with more emphasis on its functionality and usage.
Claims: Perhaps the most important segment that outlines the areas to be enjoyed exclusivity over is the category.
Drawings: Wherever appropriate use drawings that might be used to illustrate the invention.
Drafting a patent application requires technical and legal expertise, often necessitating the assistance of a patent attorney.
Filing the Patent Application
In India, patent applications can be filed under the following categories for the patent registration process in India:
Ordinary Application: The filing type can be categorized as individual filing where the applicant files the application directly with the patent office.
Convention Application: This type is used by applicants who have at some time, submitted a patent application to any country that is a convention country.
PCT International Application: Any application that is filed under the PCT is acknowledged in all the PCT member countries.
If applicable application can be filed in two phases:
Provisional Application: This is early filing and can be useful if the invention has not yet been fully developed or full details have not been worked out. It gives the inventor 12 months within which he or she can file the complete specification as well.
Complete Specification: This includes the specification of the invention and it is supposed to be filed within one year of the filing the provisional application. In the light of the above discussion, if the invention is fully developed, the complete specification can be filed at one place.
The application can be filled either through the Internet using the e-filing facility of the Indian Patent Office or in writing through the Patent Office depending on the branch, which is located in Kolkata, Mumbai, Chennai, and New Delhi.
4. Publication of the Application
Once the complete specification is filed to the controller, the application is published in the official journal of patents after 18 months from the date of filing of the application. Another procedure allowed to the applicant is to request early publication through the filing of Form 9 coupled with the required fee. Publication is important since this moves the invention to the public domain, which gives others a chance to oppose the grant since it may be violating existing patents.
5. Request for Examination
Requests for examination must be made within a period of 48 months starting from the priority date or date of filing of the application. This is done by filing form 18 and paying the necessary payments in respect of the prescribed fee.
6. Examination and Objections
The agency will examine the patent application through the examination process conducted by the patent examiner to ensure that the application and process conform to the patentability requirements such as novelty, inventive step, and industrial application. The examiner puts down his or her observations in the Examination Report or First Examination Report (FER), objecting to whatever he pleases.
The applicant is allowed to respond to such objections within a span of six months starting from the date of issue of FER where they castigate all the objections. However, this specific period may be extended by another three months if there was a formal request made.
7. Grant of Patent
If the examiner considers the answers given adequate to the questions asked and the application in compliance with the laws on patents, then the patent is issued. The grant of the patent is published in the official journal of patents and any certificate of patent is then issued to the applicant.
8. Post-Grant Opposition
If a patent has been granted, there is some period of time in which any organization or individual is able to file a post-grant opposition. This must be done within 12 months from the date of publication of the grant where applicable. The opposition is considered by an Opposition Board, like for distinguishable trademarks, and then a decision is taken.
Required Documents for Patent Registration in India
To file a patent registration application in India, the following documents are needed:
Provisional Application: Preliminary application for the patent.
Complete Specification: Detailed description of the invention.
Declaration of Inventor ship and Ownership: Confirmation of the inventors and owners.
Drawings and Diagrams: Visuals of the invention, if applicable.
Applicant Details: Information about the applicant or owner.
Essential Forms for Patent Registration
Submit the following forms to the Indian Patent Office for patent registration:
Form 1: Patent grant application form, detailing the applicant, invention, and claims.
Form 2: Information on any priority application.
Form 3: Details of the inventors.
Form 5: Government undertakings related to the patent, if any.
Form 26: Exclusive marketing rights claimed.
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How Insaaf99 Makes Patent Registration Easy and Hassle-Free
At Insaaf99, Insaaf99, an online legal consultation platform; can greatly ease the procedure of patent registration in India for the public by providing services such as legal consultation, from the preparation of patent application and searches for similar solutions on the market. We can also help in preparing for a patent and responses to reports from the examiner’s office, the patent attorneys of Insaaf99 make sure no detail is overlooked. Through their online portal, they can upload their documents, receive updates instantly, and avail tailored advice on patent and trademark registration which transforms what seems like a tortuous, tedious journey into the process of registration into a streamlined and friction-free one for inventors and businesses. Using Insaaf99, one gets patent protection right from the word go without having to go through rigorous processes.
Conclusion:
Patent registration is an important method for granting of the IP rights and the promotion of the innovations in India too. Thus the detailed mechanism also has the benefits: enable inventors to avoid all the pitfalls and protect their inventions successfully. The role of effective IP protection remains increasingly vital as India is establishing itself as a leading nation in technological advancement. Overall, it can be seen that despite the risks posed by certain provisions of the Indian Patents Act and guidelines, an inventor can get optimum benefits from registering patents in India, provided he or she has the right level of awareness and legal assistance.
FAQ
What are the 3 types of patents?
Utility Patents: These are the most popular of all the classes and they are usually issued for a new and useful invention or an improvement on a current invention.
Design Patents: These patents are issued to an invention that is novel, non-obvious, and ornamental relative to an article of manufacture.
Plant Patents: Specifically, plant patents are awarded with new and distinct plant varieties that can be reproduced only by asexual means such as through budding, layering, or grafting etc.
How much does it cost to register a patent?
Submitting a patent application is ₹1,600 for an individual or ₹4000 for a small or ₹8000 large entity. However, if we include other costs like examination fee, attorney fee, digital signature, publication etc. then the total cost can be anywhere between 34,000 to 1,50,000.
What does it mean when a patent is registered?
When a patent is registered, it means the inventor has exclusive rights to their invention. This means they have the legal authority to prevent others from making, using, selling, or distributing their invention without permission for a specified period, typically 20 years from the filing date.
