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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra | Updated: Jul 08, 2019 | Category: Legal, Patent

Key Elements of Patent Registration Process in India

The process of patent registration begins by performing a patent search before filing the application. After the applicant decides the novelty of the invention, the patent application is filed with the Indian Patent office. People are becoming more aware about patent registration process. Companies are creating their own patent portfolio; therefore, it is essential for them to to know the registration process and how will registration benefit them.

Patent and Patent Registration Process

A patent is an invention by an inventor. It gives the inventor an exclusive right to sell, manufacture, and use the invention.The Patent Act of 1970 deals with the registration procedure of patent. A patent application can be filed only by the true inventor for the protection of their invention.  The inventor enjoys certain rights in the country where the patent is registered but only for a limited period. Therefore, when the term of patent ends, it becomes public property.

In order to register the patent, it should be inventive and useful. We need to do a patent search for making sure that the inventions fulfill all the criteria. A comparative analysis is done for ensuring that the patent is not similar to any registered patent.  One can conduct a patent search by themselves, or they can even outsource it. The main objective is to find similar inventions. For a proper patent search, inspection of the arena relating to the patent is essential.

Patent registration can be defined as an absolute right of the owner. With the registration, the owner gets an exclusive right to manufacture, use, and market the invention. This right is only available for a period of 20 years from the date of application.

Who can have patent registration?

  • The application for patent registration can be filed by the investor
  • Any person who is the assignee of the investor can make the application.
  • A legal representative can also submit an application if the applicant is deceased.

Who can grant Patent License?

  • The license can be granted by a National Patent Office or by any regional office.

Patent Registration Validity

Patents are granted by Controller to inventors for a time span of 20 years. But everything comes with expiry date. After the expiry of 20 years, patent comes under the purview of public domain on non-renewal.

Patent Registration Process

Patent Registration Process

A Step by Step guide for Patent Application

Here is a detailed Patent registration process

STEP 1: Patent searches

It is very important to begin your quest with the patent registration process by the patent search. This helps to check the novelty of an invention. It also prevents wastage of time. If the invention is found in prior arts, then the novelty of that invention can be questioned in the Patent office. Therefore, it is very important to conduct a prior search to save the time of the applicant.

STEP 2: Drafting patent application

After conducting a patent search, all the specifications are noted down in the application form with the claims. The claims define legal protection sought by the inventor.

STEP 3: Filing a patent application

An application for patent is filed to claim priority over the invention. One needs to file a series of form under the Patent Act. It can be done online and offline.

The provisional specification is filed in form 2. This provisional application is helpful when the applicant is in the early stage of their invention. It helps them secure a filing date and gives them 12 months time period for complete specification. Therefore after the provisional application is filed, then a complete specification has to be filed within 12 months.

Moreover these exclusive rights are given on first come first serve basis. It means that the first person who applies for the patent will get it.

Patent Registration

STEP 4: Publication of the application

After the expiry of 18 months from the date of filing application, then the application is published in the Official Journal and is also open to the public. The public is given a chance to raise objections.

STEP 5: Examination of patent application

A request for examination of the patent application is to be made within 48 months of filing the patent application. The Patent examiner has to file the application and issue an examination report. The examination report should contain all the objections of the examiner. The applicant has to file a response within 12 months of the examination report. The officials can also call the applicant for hearing.  The patent examiner examines the patentability on the basis of subject matter, novelty, non-obviousness, and industrial application.

Step 6: Objections

A large number of applicants receive objections after the examination. After receiving the application, the applicant has to respond to the objections. This objection showcases the patentable quality of the invention and the applicant to present his case.

STEP 7: Grant

After all the objections are addressed, and when the examiner is satisfied, then the applicant will be granted a patent. If granted, it is notified in the patent journal. If the examiner is does not find the arguments of the application satisfactory, he can reject the application.

Step 8: Renewal

The applicant can renew the patent every year by paying a renewal fee.

Which documents are required for patent registration?

The application for patent registration should be submitted along with documents mentioned below-

  • Form 1 – Application for grant of a patent
  • Form 2 – Provisional or complete specification
  • Form 3 – Statement and undertaking related to foreign application under section 8
  • Form 5 – Declaration
  • Form 26 – Form for authorization of a patent agent
  • Form 28 – In case the applicant is a startup or small entity 
  • Priority documents – Inn case of foreign patent application
Importance of patent registration

Importance of Patent Registration procedure

Exclusive rights

Registration of patent allows the inventor to use the invention for 20 years from the date of filing the application.

Market position

When the inventor ha exclusive right, it gives an additional hold on the market position. He can prevent the commercial utilization of the invention.

Higher returns

If the investor has invested in the invention, and he enjoys exclusive rights, he can commercialize the invention and obtain higher returns.

Positive image  

Patent portfolios show a positive image of your company. Furthermore, it demonstrates a high level of expertise and capacity. This altogether helps in raising funds and increasing the market value.

Time Period for Patent Registration

Generally, the complete registration procedure takes around 3 to 5 years. It contains many intricate details and procedure, if one fails to avoid deadlines, it will lead to the loss of patent application.

Conclusion

For the protection of patent rights, one has to register a patent. If you don’t register your patent, then it can be used by anyone. Securing the patent by registration ultimately will give the applicant the right to use the invention. Moreover, every invention is unique, but the basic objective behind registration is the same. Registration is time-consuming and challenging for a layman. Therefore we need to hire experts for the patent registration procedure.

If you have an invention and want to get patent registration, you can contact our team of expert lawyers at LawyerINC.

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Pallavi Lakshmi Lakra

Pallavi Lakshmi Lakra

Pallavi is a Legal Associate at Lawyerinc. She is graduated from Gujarat National Law University having areas of expertise in Legal and financial content writing. She is having keen interest in legal research, drafting and legal advisory. She likes to keep herself updated with the changing face of legal arena.


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