Patents

Patents

India allows for the registration of patents for inventions. A patent is a privilege awarded by the government to an individual or business that prevents others from producing, utilizing, selling, or importing the patented product or procedure without authorization or consent. An inventor's first step in preventing the abuse of his or her invention is to file a patent. Although submitting a patent in India is a laborious procedure, it may be completed swiftly with the right help and advice. A person who wants to get a patent should contact with knowledgeable patent attorneys. A thorough examination is conducted to see whether the product is original or creative and industrially useful before a patent registration is achieved.

To see if another item or innovation already exists that is identical to or comparable to the applicant's creation, one might search the database of the intellectual property regulator of India. But not all ideas qualify for patent registrations, and in order to get a patent in India, an invention has to meet a number of requirements.

Who is eligible to file a patent application?

Any of the following individuals, either alone or together with another individual, may submit an application for a patent registration of an invention:

• The original and authentic creator.
• True and assignee of the original inventor.
• The assignee of the real and original inventor's representation who passed away.
• A "person" is defined as any natural person, business, association, group of people, or governmental entity under the Patent Act, whether or not the entity is incorporated.
• A proprietorship business should file the application in the names of the owners.
• In partnership businesses, the patent application must provide all personally liable partners' names.
• A natural person or a person who is not a legal person, such as a registered corporation, an LLP, a Section 8 Company, a government agency, or an educational institution, can also be an assignee.
• The real and original inventor's name, residence, and country of citizenship must be disclosed by the applicant.

What inventions are patentable?

According to the Patent Act, in order for an invention to be patentable, it must be a novel product or method that contains an innovative step and may be employed in the industry. A technological invention that satisfies the requirements listed below will be granted a patent registration.

Novelty

Prior to submitting the Indian patent application, neither India nor any other country had published the subject matter described in the specification.

Innovative Move

A person who is versed in the art would not recognize the invention in light of the earlier publication, information, or record.

Industrial relevance

For an invention to be manufactured or employed in the market, it must have some sort of usefulness.

What inventions are patentable?

According to the Patent Act, in order for an invention to be patentable, it must be a novel product or method that contains an innovative step and may be employed in the industry. A technological invention that satisfies the requirements listed below will be granted a patent registration.

Novelty

Prior to submitting the Indian patent application, neither India nor any other country had published the subject matter described in the specification.

Innovative Move

A person who is versed in the art would not recognize the invention in light of the earlier publication, information, or record.

Industrial relevance

For an invention to be manufactured or employed in the market, it must have some sort of usefulness.

Indian patent application types

Application in provisional form - Also referred to as a temporary application, an application in provisional form is submitted when an invention is still in the works and has not yet been put to use. The earlier a patent application is filed, the less likely it is that it will be deemed to constitute prior art for the inventor's application.

When an innovation requires longer time for development, this kind of patent application is submitted.

Ordinary or Non-Provisional Application: If the application is not submitted in accordance with a prior convention application, it does not have any claim to precedence. You can submit a detailed specification by:

Direct Filing: When the Indian Patent Office receives a complete specification without a related provisional specification.

Subsequent Filing: The submission of a complete specification following the submission of a comparable provisional specification and assertion of priority over the provisional specification previously submitted.

Worldwide PCT application

Despite the fact that the PCT international application does not result in an international patent grant, it opens the door for the expedited filing of several patent applications simultaneously across numerous nations. It is governed by the Patent Corporation Treaty, which has 142 authorized signatories. The submission of this application will prevent an innovation from being copied in these nations.

National PCT application

If the applicant finds an innovation or a modest modification of an invention for which the applicant has already filed an application or obtained a patent, the applicant must file this application. If the innovation doesn't entail a significant inventive step, a PCT national application may be submitted.

Convention application: The convention application is submitted in order to assert a priority date based on an identical or related application previously filed in any of the convention nations.

Within a year after the date on which a comparable application was initially filed in the convention nation, an applicant must submit an application to the Indian Patent Office in order to be granted status under the convention.

Simply put, a convention application gives the applicant the right to assert priority in all convention nations.

Divisional application

If a certain application claims more than one invention, the applicant may decide to partition the application and submit two or more separate applications. Like the parent application, these applications have a similar priority date.

How can I apply for a patent?

You must make sure that your innovation concept is original in order to successfully register for a patent. This may be verified by conducting a patent search, and the person can also avoid drawn-out procedures.

The most important factor is thought to be the filing of a patent. The whole process specification is a specialist activity that may be completed successfully with the assistance of industry professionals.

It takes a skill to draft a patent application, thus it is preferable to select to hire a professional. The best course of action is to submit a provisional patent application if the person is still in the early phases of research and development.

In the next 18 months, the application is then published in the Patent journal. You can submit a request for an early patent application together with the required payments

Publication of a Patent Submitted

The Indian Patent Office holds all patent applications that are submitted for registration as patents in confidence until they are formally published in the Patent Journal.

After 18 months from the date the applications were filed, the published patent is automatically made public; no request is necessary.

A formal request for the patent examination must be submitted within 48 months of the patent's initial filing. If the applicant does not submit their application by the deadline, the patent office will regard the application as withdrawn. After a thorough investigation, the examiner issues the first examination report, which is referred to as patent prosecution.

It is necessary to review the patent examination report and create a suitable reply to the objections because patent applications are subject to objections as well.

The grant patent announcement will be published in the Patent Journal if all the conditions for patentability have been satisfied.

• Patent Research
• submitting a patent application
• preparation of a report on patentability
• Patent Application Publication
• Patent Inspection
• Patent challenges
• Patent is granted