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Patent Registration

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What is Patent?

A Patent is a government authority or license which gives you sole right to stop others from using, making, or selling the invention without your permission for a specified period. In India, the patenting system is governed by The Patent Act, 1970 and The Patent Rules, 1972.

It is a form of Intellectual property which gives its owner the legal right to excludes someone else from using, making or selling your invention.

Patent Registration

When you have an invention, then why not to own it before anyone else takes it, that is what a patent registration is a procedure to file an application to register your invention under The Patent Act, 1970.

Why is it necessary to register Patent?

Once your Patent is registered, only owners are allowed to take legal action or sue for damages in case of any patent discrepancy.

Conditions for Patent Registration

  • It should be a brand new product or process, which is not being used by someone else earlier.
  • It must involve an inventive step
  • It is capable of being made or used in the industry

Validity

The term period is 20 years from the date of filing an application, in both the cases whether it is under provisional application or complete specification.

Is it mandatory to have provisional Patent Application before filing the Patent Application?

It is not mandatory but it is always a smart move to file a provisional patent application before filling the patent application in such cases none of your rival or competitors can file for the same invention once a provisional application is submitted and it secures your work and date. The cost and revenue involved in provisional application are less as compared with the permanent application.

Advantages of Patent Application

  • It saves you from hacking/ theft of the invention
  • It provides the right to stop others from using/ making, selling, or importing invention without patentee permission, this reduces competition.
  • It also improves brand perception
  • It increases business revenue
  • Owner of the Patent controls the use of an invention for 20 years.
  • It can be sold and licensed like any other forms of property

Patent Infringement

Patent Infringement happens when someone else (third party) without legal authorization from the patentee makes, uses or sells a patented invention. A Patent, however are enforced on a nation by nation basis.

Types of Patent Application

In Indian Patent office following are the types of Patent Application- Convention Application, PCT Application (National phase), National Application (Provisional and Non-provisional)

Publication of Patent Application

The Patent application must be filed with the Indian Patent Office only and will be published in an official patent journal, which is done after 18 months of filing the application. If someone wants to get it publish earlier then in such cases, he/she may make a request in form 9 for early publication. If at all a restriction is placed by the patent act with respect to the publication of the patent, then the same will be not be published in the official patent journal.

Steps for Patent Registration

This provides you with the monopoly to use your invention for the public, following are the steps which are required before filing a patent application:-

  • Patent Search :- If your invention already exists and someone else is using then no point going ahead with the procedure of registration because it will not be registered. Therefore, it is necessary to do a patent search.
  • Patent Domicile :- The patent registered in India will be valid in India only, if you want to protect your invention in other countries, then you need to apply for a separate application for each country.
  • File Patent Application
  • Patent review:- The patent office in India will review your application for the same.
  • Patent Grant:- The patent is granted when no objection certificate is issued from the officer, then the application status is updated online at the official site of a patent.

Procedure for Registration

  • Fill patent application
  • Conduct a patent search
  • Prepare application
  • Patent submitted.

Patent Registration with LawyerINC

  • Connect with our team of experts
  • Get a callback
  • Our Expert will get back to you
  • Submit the Documents
  • Filing of Application with the Concerned Authorities
  • Track Record

Frequently Asked Questions

  • 1. What all you can patent in India?

    It can be any invention related to work, manufacturing, process, novel, should be capable of industrial application. All the invention should be a first and new invention.

  • 2. When can an application for a patent be filed?

    Application for patent should be filed on an immediate basis without any delay. Delay in filing the application can cause a risk for your invention.

  • 3. Who can apply for a patent license?

    True and first inventor either alone or jointly with any other person can apply.

  • 4. How much time it takes for a patent to be granted?

    It takes about 6 months to 1.5 years for a patent certificate to be granted.

  • 5. What is the procedure of Patent registration?

    In India for patent registration after conducting worldwide searches, the invention is written in a techno-legal language known as the specification which can be with or without claims. Without claims is the provisional specification and with claims is the complete specification.

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