Patent Registration

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 good or method without the patent holder's permission or cooperation.

The main action an innovator takes to prevent exploitation of their innovation is to file a patent. In India, applying for a patent is a lengthy process; however, with Indiafilings, you may complete your registration without any problem.

Types of Patent Application in India

Provisional Application - When an invention is still under development and has not yet been completed, a provisional application, often referred to as a temporary application, is submitted. If a patent application is filed early, any additional pertinent inventions will not be considered prior art to the inventor's application. These patent applications are submitted when an invention needs additional time to develop.

Ordinary or Non-Provisional Application - If the application is not submitted in accordance with any earlier convention application, an ordinary or non-provisional application has no claim to priority. A comprehensive specification can be sent by way of:

Direct Filing - In which case the entire specification is submitted to the Indian Patent Office without a corresponding provisional specification.

Subsequent Filing - When a complete specification is filed after a comparable provisional specification and claims priority over the earlier filed provisional specification.

Convention Application - When a comparable or identical application is submitted in any of the convention nations, the convention application is filed to claim a priority date based on that application.

An applicant must submit an application to the Indian Patent Office within a year after the date on which a comparable application was first filed in the convention country in order to be granted status under the agreement.

In plainer language, a convention application empowers the applicant to assert primacy in every convention country.

PCT International Application - PCT international application does not result in an international patent grant, it open the way for a shortened patent application process in multiple nations at once.

It is administered by the Patent Corporation Treaty, which has the potential to be ratified in as many as 142 countries. By submitting this application, you can prevent an idea from being replicated in these countries.

PCT National Application - The applicant must submit this application if he learns of an innovation or a little modification of an invention that the applicant has already patented or applied for a patent for. A PCT National application can be submitted if the innovation does not need a significant inventive step.

Divisional Application - If an application includes claims to many inventions, the applicant may decide to divide it into two or more applications. These applications' priority dates are similar to those of the parent application.

What can be Patented

A novel product or method that includes an inventive step and may be applied in the industry is required for an invention to be patentable, per the Patent Act. To be eligible for patent protection, an innovation must be technical and satisfy the following conditions.

Novelty - The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.

Inventive Step - The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.

Industrial Applicability - Invention should possess utility so that it can be made or used in the industry.

Eligibility for Patent Registration

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

• The true and first inventor.
• True and first inventor’s assignee.
• The representative of the deceased true and first inventor his / her assignee.
• According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
• In the case of a proprietorship firm, the application should be made in the proprietors' name.
• In partnership firms, the names of all personally responsible partners must be included in the patent application.
• An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
• The applicant is required to disclose the name, address, and nationality of the true and first inventor.

Documents Required for Patent Registration

• Patent application in Form-1.
• Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
• Provisional specifications, if complete specifications are not available.
• Complete specification in Form-2 within 12 months of filing of provisional specification.
• Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
• Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
• Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
• Priority document must be filed in the following cases:
• Convention Application (under Paris Convention).
• PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled.
• Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
• If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
• The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
• All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
• Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

Process of Patent Application with IndiaFilings

Patent Search

To successfully submit a patent application, you must confirm that your innovation concept is original. This will be confirmed by a patent search, which the client might use to avoid lengthy procedures.

Patent Application Filing

The most important factor is thought to be patent filing.A specialist must provide direction to properly finish the entire process requirements.

When developing a patent application, it is advisable to get professional guidance. If someone is just starting out with research and development, it is advised to submit a provisional patent application.

Preparing Patentability Report

A thorough investigation will be conducted by patent experts or agents, who will then produce a report on patentability. As a result, the applicant is needed to provide the complete set of required paperwork along with the patent application.

Publication of Patent Application

The application is published in the patent journal 18 months after submission. You can submit the necessary costs and a request for an early patent filing at the same time.

Until a patent application is publicly published in the Patent Journal by the Indian Patent Office, all applications filed in India are kept secret.

No request is necessary; the publishing of filed patent applications happens automatically after 18 months from the date of filing.

Patent Examination

Within 48 months of the patent's initial filing, a formal request for patent examination must be submitted. The patent office will consider the application to have been withdrawn if the applicant does not submit within the allotted period. A full investigation is then conducted by the examiner, who then publishes the initial examination report, also known as patent prosecution.

Patent Objections

A proper response to objections must be drafted, and it is important to evaluate the patent examination report before filing a patent application.

Grant of Patent

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

Where to file a Patent Application

It is submitted using Form-1, a provisional/complete specification, and the applicable filing fee to the relevant patent office. The jurisdiction of a patent office is determined by the following criteria:

• Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
• The place from where the invention originated.
• Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).

Mumbai Patent Office Jurisdiction

The Mumbai Patent Office has jurisdiction over the states of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, and the union territories of Daman & Diu and Dadra & Nagar Haveli.

Delhi Patent Office Jurisdiction

The National Capital Territory of Delhi, the Union Territory of Chandigarh, and the States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, and Uttarakhand are all under the control of the Delhi Patent Office.

Chennai Patent Office Jurisdiction

The Chennai Patent Office has jurisdiction over the states of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the union territories of Pondicherry and Lakshadweep.

Kolkata Patent Office Jurisdiction

The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.

Benefits of Patent Registration

Here are the benefits of filing a patent registration in India:

• A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.
• Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.
• Patents can be sold as well as licensed like other forms of property.
• The inventor can also transfer the patent ownership.
• A patented product improves the brand perception and potentially enables the business to charge a premium.
• With exclusive patent rights, the patent owner controls the use of the invention for twenty years and longer.
• International Patent Protection Scheme, reimbursement of upto Rs.15 lakhs or 50% of total expense incurred for MSME international patent filing is provided by the Government.