PATENT REGISTRATION IN INDIA

PATENT REGISTRATION IN INDIA

An exclusive right provided to the person over his or her invention by the Indian Patent Act 1970 is called patent registration.


Overview

The person who invents a new product is called the patentee or the inventor. A patent is an intellectual property so it can be transferred or sold to any other person by the inventor. The inventor has a legal and exclusive right over his invention.
 

No other person can use the patented product without the permission of the inventor. It is an asset to the company. The product must be innovative and must be a new development in order to get the patent registration. Indian Patent Act 1970 governs the provisions related to the registration of the patent.
 

The patent registration is valid for a period of 20 years from the date the patent registration application is filed. Anyone who invents a new and innovative product can file for the patent registration. The invention can be related to anything such as process, manufacturing method, art, machines, computer software, drugs, or chemicals.
 

Types of patent 
 

Ordinary Application 

It is one of the most common applications made by an inventor in which details related to invention is disclosed for the very first time. This application can be filed either with provisional patent specifications or complete or final patent specifications. If the application is filed with the provisional specifications then the inventor must file the complete or final patent application within a period of 12 months from the date of application. 
 

Convention Application 

An intergovernmental organization or treaty consists of certain countries as a member. Those countries are called convention countries. If a patent application is already made in one convention country and a similar application for patenting a similar invention should be made in India within a period of 12 months from the date of the first application. In this case, the priority date claim will be considered the date of the first application. 
 

PCT Application

As per the patent co-operation treaty, an applicant from India can file an international phase application for the grant of a patent for more than 150 contracting countries. At first, the international application will be examined properly, and thereafter the inventor can file the national phase application. 

Things that can be patented 

  • A process. 
  • An Art
  • Manufacturing methods. 
  • Machinery. 
  • Computer software. 
  • Drugs. 
  • Chemicals etc. 
     


 

Where to file the patent application

A patent application must be filed as per the following:

  1. place of residence of the applicant. 
  2. Place where the invention originated. 
  3. Address of services in India, in case of foreign applicants. 
     

There are four patent offices is situated in India and they are located in the following places-

Mumbai 

Delhi 

Chennai  

Kolkata
 

Component of complete Patent specifications 

The component of complete or final patenting specification is mainly based on the following

  1. title of the invention. 
  2. A detailed description of the invention. 
  3. Field of invention i.e. the subject matter to which the invention relates to. 
  4. Use of invention i.e. in which area the invention will be used. 
  5. Inventions background. 
  6. Object or necessity of the invention. 
  7. Summary of the invention. 
  8. Diagram if required. 
  9. A brief note describing the invention. 
  10. Details regarding the best mode of carrying out the invention. 
  11. Details regarding the claim and what is to be protected.
     

Criteria for filing a patent registration application
 

Novelty

The invented product must be a new development and has not published anywhere in India before filing for the patent application. 
 

Non-obviousness 

The nature of the invention must not be obvious. It should have a surprising element. 
 

Applicable to industry 

The invented product should have the capacity to be used in the industry. 
 

Benefits of Patent registration 

  • Patent registration provides a legal right over the invention of the inventor. No other person can use the invention without the permission of the inventor or the patentee. In case someone infringes on the invention the inventor has the right to take legal action against that person who has used or stolen the invention without permission. 
     
  • A patent is an intellectual property thus it is an asset for the inventor. The inventor has the right either to sell the patent or transfer the patent and can earn revenue from it. 
     
  • The patent registration protects the invention for a period of 20 years.
     
  • A patent is an asset to any entity. Patent registration provides an exclusive right to the inventor over his invention.  A patent is considered as intellectual property, thus an asset for an entity that can be sold, transferred, or financially traded. 
     

Documents

  • A proof stating the right to file an application for patent.
  • If the application is related to any biological material that in this case permission from the national biodiversity authority is required before making the application. 
  • In case the application is for using the biological material in the invention then the source of geographical origin required. 
  • A copy of an affidavit authorizing the patent attorney if the patent agent is filing the application on behalf of the applicant. 
  • Inventorship declaration.
  • DSC of the applicant. 
  • All the documents must be signed by the applicant or by the authorized signatory or the patent attorney. 
  • ID proof and address proof of the applicant. 
  • An illustration or drawing if required. 
     

Procedure to file a Patent registration application
 

To search the availability of the patent

To obtain patent registration, the invention must be unique and non-obvious in nature. So for this, the applicant needs to carry out the patent search. The search will help in finding out whether any similar patent exists or not. 
 

To file the patent registration application form

The next step is to file the patent registration application form. The applicant needs to furnish all the relevant information as required in the application form and then submit it along with the required documents and full details regarding the invention. After submitting the application form the applicant has to pay the prescribed fees. 
 

Review of patent application form

After submitting the application form, the patent office of the Government of India will do the proper scrutiny and will also check any similar patent existence. If the office finds that the invention is very much unique and comes under the criteria of invention then the office will grant the patent registration. 
 

Issue of patent registration certificate

After the proper verification, if everything turned out to be as per the requirements of the Indian patent act 1970, the patent office will issue the patent registration certificate and will update the status of the invention on the website of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry and the Government of India. 
 

Total time involved

The total time that is involved in the process of getting the patent registration certificate is around one year.
 

Validity & Renewal 

The Patent Registration Certificate is valid for a period of 20 years and the same can be renewed every year. The applicant has to file a renewal application for keeping the patient intact.
 

Frequently Asked Questions (FAQ’s)
 

What is Patent registration?

An exclusive right provided to the person over his or her invention by the Indian Patent Act 1970 is called patent registration. The person who invents a new product is called the patentee or the inventor. A patent is an intellectual property so it can be transferred or sold to any other person by the inventor.

The inventor has a legal and exclusive right over his invention. No other person can use the patented product without the permission of the inventor. It is an asset to the company. The product must be innovative and must be a new development in order to get the patent registration. Indian Patent Act 1970 governs the provisions related to the registration of the patent.

The patent registration is valid for a period of 20 years from the date the patent registration application is filed. Anyone who invents a new and innovative product can file for the patent registration. The invention can be related to anything such as process, manufacturing method, art, machines, computer software, drugs, or chemicals.
 

Which Act governs the patent registration?

Indian Patent Act 1970 governs the patent registration.
 

What are the things that can be patented?

The things that can be patented are as follows:

  • A process. 
  • An Art
  • Manufacturing methods. 
  • Machinery. 
  • Computer software. 
  • Drugs. 
  • Chemicals etc. 
     
What is the validity period of Patent registration?

The Patent Registration Certificate is valid for a period of 20 years and the same can be renewed every year. The applicant has to file a renewal application for keeping the patient intact.
 

What is the total time involved in obtaining the patent registration certificate?

The total time that is involved in the process of getting the patent registration certificate is around one year.
 

Can Patent registration be renewed?

Yes, the patent registration can be renewed. The applicant has to file a renewal application for keeping the patient intact.
 

Conclusion

Patent registration is beneficial as it offers several benefits such as intellectual property rights, a legal protection, creation of assets, transferability, can earn royalty, etc. Hence, it is advisable for those who want to obtain a patent registration certificate, to apply for the same and get the protection over their invention for up to 20 years.
 

Edited by Minu Mishra

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