What does it mean to register a patent in India?
In India, an innovation can be registered as a patent. A patent is a legal right awarded by the government to an individual or business that prevents others from manufacturing, using, selling, or importing the patented product or method without permission or authorization.
The main step an inventor takes to prevent his or her creation from being abused is to file a patent. Patent application in India is a time-consuming procedure, but with the right direction and help, it may be completed fast. A person who wants to acquire a patent should get advice from a professional patent attorney.
Before obtaining a patent registration, a thorough examination is conducted to determine whether the product is inventive or original, as well as industrially relevant. A person can examine the database of India’s intellectual property authority to see whether there is an object or innovation that is the same or similar to the applicant’s creation.
However, patent registrations are not available for all ideas, and to get a patent in India, the invention must meet specified requirements.
Who can file a patent application?
Any of the following persons, acting alone or in collaboration with others, can file a patent registration application for an invention:
- The original and real inventor
- Assignee of the true and first inventor
- His or her assignee is the representative of the dead real and first inventor.
- Any natural person, corporation, association, group of persons, or government entity, whether incorporated or not, is considered a “person” under the Patent Act.
- In the event of a sole proprietorship, the application shall be filed in the name of the proprietors.
- In partnership businesses, the patent application must include the names of all personally liable partners.
- An assignee can be a real person or a legal entity such as a registered business, an LLP, a Section 8 company, a university, or the government.
- The real and first inventor’s name, address, and country must be disclosed by the applicant.
What can be patented
According to the Patent Act, an invention must be a novel product or method that contains an innovative step and may be employed in the industry in order to be patentable. To be eligible for patent registration, an innovation must be technical and fulfil the following criteria:
Novelty – Before filing a patent application in India, the matter described in the specification has not been published in India or elsewhere.
Inventive Step – In view of earlier publication/knowledge/document, the invention is not obvious to a person versed in the art.
Industrial applicability – An invention must be useful in order to be manufactured or employed in industry.
Types of patent application in India
Provisional application – A provisional application, also known as a temporary application, is filed when an invention is still in the works and has not yet been completed. Any other relevant innovations will not be classified as prior art to the inventor’s application if a patent is filed early.
When an invention takes more time to develop, a patent application of this sort is filed.
Ordinary or non-provisional application – This form of application does not have any claim to priority and is not made in response to any previous convention application. A full specification can be submitted using the
Direct filing: When a complete specification is filed with the India Patent Office without a matching provisional specification, it is known as a direct filing. Following the filing of the appropriate provisional specification, a complete specification is filed, claiming priority from the filed provisional specification. A convention application is filed in order to claim a priority date based on a similar or identical application filed in any of the convention nations. An applicant must apply to the India Patent Office within a year of the date of the initial filing of an identical application in the convention to get convention status. Though the PCT international application does not result in an international patent grant, it does open the way for a simplified patent application procedure in many nations at the same time. It is governed by the Patent Corporation Treaty, which can be approved in up to 142 nations. By filing this application, an innovation will be protected from being copied in these nations.
PCT National Application – This application is made if the applicant finds an innovation, or a minor variation of an invention, that has previously been applied for or patented by the applicant. If the invention does not need a significant inventive step, a PCT National application can be filed.
If a given application claims more than one invention, an applicant may opt to split the application and submit two or more applications. These applications have a priority date that is identical to the parent application.
How to File Patent application?
1. Patent Search
You must guarantee that your innovation concept is unique in order to file a successful patent application. A patent search will confirm this, and the individual will be able to avoid time-consuming processes.
2. Filling out a patent application
The filing of a patent is regarded to be the most important element. The entire process specification is a specialist activity that requires professional guidance to perform effectively.
Because drafting a patent application is an art, it is important to obtain professional assistance. It is preferable to file a provisional patent application if the individual is still in the early phases of research and development.
3. Preparing patentability report
Following that, the patent specialists or agents will do thorough study and create a patentability report. As a result, along with the patent application, the applicant must provide all of the required papers.
4. Publication of patent application
Following that, within 18 months, the application is published in the Patent Journal. A request for early patent filing, along with the required fees, can be submitted. Publication of a Patent Application
Every patent application filed in India is kept secret until it is formally published in the Patent Journal by the India patent office.
The publication of a filed patent occurs automatically after 18 months from the date of submitting the application, and no request is required.
5. Examining Patents
There would be a formal submission of a request for patent examination within 48 months after the patent’s original filing. If the applicant fails to file within the specified period, the patent office will regard the application as withdrawn.
After that, the examiner performs a thorough investigation and issues the first examination report, known as patent prosecution.
Objections to six patents
Patent applications are subject to opposition therefore it is necessary to review the patent examination report and respond appropriately to the objections.
6. Grant of Patent
The grant patent notice will be published in the Patent Journal if all of the patentability conditions have been satisfied.
Where to file a patent application?
It’s submitted at the relevant patent office using Form-1 and a provisional/complete specification, together with the required fee. The following factors are used to determine a patent office’s jurisdiction:
- The applicant’s abode, domicile, or place of business (first mentioned applicant in the case of joint applicants).
- The location where the innovation was born.
- When the applicant has no business or domicile in India, he or she must provide an address for service in India (Foreign applicants).
Jurisdiction of the Mumbai Patent Office
The Mumbai Patent Office has jurisdiction over the states of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli.
Jurisdiction of the Delhi Patent Office
The Delhi Patent Office has authority over the states of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, the National Capital Territory of Delhi, and the Union Territory of Chandigarh.
Jurisdiction of the Chennai Patent Office
The Chennai Patent Office has jurisdiction over the states of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep.
Jurisdiction of the Kolkata Patent Office
The Kolkata Patent Office has jurisdiction over the remainder of SRCC, as well as the states of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and the Union Territory of Andaman and Nicobar Islands.
What are the benefits of filing a patent in India?
The following are some of the advantages of registering a patent in India:
1.A patent is a type of incentive for new ideas and technologies. The applicant becomes the proprietor of the innovation or idea once the patent is issued.
2.A patent is necessary for a company because it prevents rivals from copying, selling, or importing intellectual property without authorization. The patent holder can therefore safeguard his patent rights while adhering to existing laws.
3.Patents, like other kinds of property, can be sold or licenced.
4.t can also be transferred by the inventor.
5.A patented product enhances the brand’s image and may allow the company to charge a higher price.
6.With exclusive patent rights, the patent owner has exclusive ownership over the innovation for at least twenty years.