Patent Registration Process In India

A Patent is a type of Intellectual property rights which gives the owner all the legal right to use exclusively own invention in any way.  The government provides protection to the inventor for the invention, which is either a new process or product. A patent gives license to an inventor to use it for a limited period. It gives license to sell, use his invention. Infringement of a patent right gives exclusive rights to a patent holder to sue against an infringer. As India is also moving towards an innovation hub, the filing of a patent has suddenly gained recognition. The Indian government is also encouraging innovators to take initiatives. It is a right that granted to an individual or company.  It is mandatory for all the Indian inventors who want to protect their intellectual property,  to get their patent registered under the Patent Act, 2002. One should always take the help of Patent lawyers for Patent Registration Process.

Who can file a Patent Application?

Application for a patent can be filed by any person who is the true and first inventor.it can also be filed by legal representatives of any inventor. A company can also claim for the same by providing proof.

By any person being the assignees of a person claiming to be the true and first inventor(s)[proof of assignment has to be submitted with the application]

What are the documents required for Patent filing in India? 

Following documents are required to be submitted for patent filing in case of physical filing:

i) list of documents  with covering letter

ii) Form 1: Application for grant of a patent ;

iii) Form 2: Provisional/Complete specification ;

iv) Form 3: undertaking ;

v) Form 5: Declaration of inventorship

vii) Form 26: Power of attorney if an agent is involved;

viii) Form 28: when an applicant is a startup or small entity 

ix) Statutory fee 

These are the documents which are required for E-filing

i) Login ID and password;

• Digital signature; and
• debit/credit/net banking facility

ii) Form 1 needs to be filled carefully with all the information.  

iii) Form 2: Provisional/Complete Specification shall be in ;

iv) Drawings ;

v) Form 3 needs to be uploaded 

vi) The declaration shall be in Pdf Format;

vii) Power of attorney (if the patent agent is involved);

viii) Form 28 shall be applied  If the applicant is a small entity or Startup and proof regarding the same shall be produced.

ix) Fee.

But Physical copies of the same shall be submitted with all the documents in the jurisdictional office.

What all can be Patentable

Any article, apparatus or machinery or its component, pharmaceutical products, and composition of matter, any process, manner or art of manufacturing other than essential biological process etc.. can be patentable.

Advantages and Disadvantages of Patent

Following are the advantages of patent

• A patent gives exclusive rights to stop others from manufacturing, selling, copying invention without inventors permission.
• Inventor gets protection for a pre-determined period.
• The inventor can use his invention according to his wish.
• An inventor can license a patent to others to use it. 
• It provides an income source for inventor by giving license, or by selling or by taking royalty. 

Disadvantages of patents

• It’s a lengthy and time-consuming process.
• It is costly.
• The annual fee needs to pay.
• Taking action against an infringer is very costly.

Types Of Patent Application

A provisional patent is a preliminary application, and it’s usually filed when an application requires additional time to improve. Early filing of an application gives first inventor right and prevent others from becoming prior art to the inventions. Within 12 months of the date of filing a provisional application, a complete specification shall be filed. Otherwise, it may lead to abandoning of the application.

This application shall be drafted very carefully, and the rights are secured for invention.

 Convention application

Filing a convention application gives a right to the applicant to claim priority in all the convention countries. The applicant can claim priority if a similar application has been filed in any of the convention countries. For claiming priority time limit is 12 months from the date on which the first convention application.

National Phase PCT Application

In the national phase, the applicant is required to file the national phase patent application in India within 31 months of the international filing. The decision to grant patent protection in a particular country depends on the patent office of that particular country. Many procedures need to be followed for the same.

 Patent of Addition

Patent of addition can be applied when already patent has been filed and later on done slight improvement in the invention. One may not be able to file a new application, as it would not fulfil the requirement for an inventive step. That is when a patent of addition may be filed. It protects the improvement and saves money also. 

Divisional Application

If there is more than one invention in a patent application, then an applicant may be required to divide the application according to the number of inventions.  A divisional application may be filed any time before the grant of a patent. 

Procedure for filing a patent application:

The patent registration process is quite lengthy, and always one should prefer to get it done with the help of lawyers.  Here I am explaining the complete Patent registration process:

Step 1- File an application for the Patent Registration: For Patent Registration Process, firstly, you need to file an application providing the details regarding the invention in correspondence of the intellectual property department.

Step 2 – Review regarding the Patent Application: Once you have submitted the application, it will be checked by the patent office of the Indian government, whether there is an existing patent on similar ideas. If your ideas are unique and are liable for the registration criteria, then the patent certificate will be granted.   

Step 3 – Patent Grant: Once the patent office of the Indian government is done with their verification process; they will update the status of your application on the website of the government of India, department of industrial policy and promotion and the ministry of commerce and industry. It takes around one year to get the patent registration certificate.

Conclusion:

A patent protects inventors right, and it saves the labour and effort of an inventor by giving recognition. It gives an exclusive right to the inventor. The inventor must save their invention by taking patent.