Patent Registration

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What is Patent Registration

A Patent is an exclusive right given to the patentee over his/her invention for a limited period of time. The patentee will have an exclusive right to make, sell, use the patented product or process. The patentee can further cense or grant his license to a third party and can enjoy royalty from it. However, whether the invention is patentable or not depends upon various factors such as the invention must be novel, must involve an inventive step and which can be used in an industry.

Once a company is formed, it must get itself registered through the Registrar of trademarks which is valid for the 10 years from the date of its application. Therefore to retain its trademark right or to enjoy Trademark rights throughout after 10 years, it must renew its trademark from time to time. Trademark renewal will help in the preservation of rights and all the protection that comes with it.

In India Patent Act, 1970 and Patent Rules, 1972 governs Patent law.

For Patent registration an application can be filed by either an individual or a firm. In India Indian Patent office grants the patent registration. To prove that the invention is unique, the inventor has to produce all evidence in connection with the invention.

Patent registration applications can be filed online along with the provisional or complete specification with the prescribed government authority. A Patent registration is not granted for a lifetime, it is only granted for a limited period of 20 years from the date of filing of patent registration application. After expiry of 20 years, the invention falls under the public domain.

If you want to file a Patent application, BIAT Legal LLP can file on your behalf as we act as a patent agent all over India.

What can be Patented in India?

Before starting the patent registration process, it is important to know what can be patented in India.
Any Kind of invention whether related to work, process, manufacturing, computer software, machine related or anything which are original and new can apply for patent registration in India.

What Kind of Innovation cannot be patented in India?

Following are the kinds of patent which cannot be patented in India-

  • Inventions which are contrary to the natural laws.
  • Inventions which are prejudiced against humans, animals etc.
  • If the invention is the mere discovery of a scientific principle or the formulation of an abstract theory.
  • If the invention is the mere discovery of any living or nonliving substance occurring in nature.
  • The mere invention of a known process.
  • Mere arrangement or rearrangement of devices.
  • Such inventions which are excluded by section 3 and 4 of Patent Act,
  • Any process used for animal treatment in order to make them free of disease.
  • Inventions concerned with plants and animals including seeds, varieties and species, essentially biological processes for the production of plants and animals other than microorganisms.
  • Computer programmes or any other mathematical methods.
  • Mere method of playing games.
  • The topography of integrated circuits.
  • Mere information presentation.
  • Inventions in concerned with atomic energy are no patentable,
  • No patent shall be granted in respect of an invention relating to atomic energy.

What is the Importance of Patent Registration?

  • Patent Registration gives legal protection to the invention.
  • Patent registration gives transferable rights to the patentee. Patentees have the right to sell or transfer the invention as it helps in raising revenue.
  • An invention is legally protected for a period of 20 years.
  • Patent registration gives a competitive advantage to the business.
  • Patent is an intellectual property right, therefore patent registration is an exclusive right. Patent is an intellectual asset for a business which can be sold, transferred or commercially constructed.

Criteria for Filing of Patent Registration Application

Following are the three criterias that are to be met before application for the patent registration-

  • Novelty- Invention must be a new development and prior to the date of filing a patent application it must have not been published anywhere in India.
  • Non-Obviousness- The invention must not be obvious in nature and it must involve an inventive step.
  • Industrial Application- The Invention must be capable of use in industry.

Documents For filing Patent Registration Application

For Filing Patent Registration in India, following are the documents that are required and they are as follows-

  • An application for Patent Registration in Form 1.
  • Complete specification in form 2, however if not available then provisional specification.
  • Statement and undertaking in Form 3.
  • A declaration from the inventor as to inventorship in form 5.
  • A proof from the inventor regarding the right to file a patent registration application.
  • A patent registration application is filed by the patent agent/ patent attorney then the power of authority in Form 26.
  • In case of convention application (Paris convention) or PCT national phase application, one has to file priority documents along with the application or within 18 months from the priority date.
  • The patent registration application must be signed by an applicant/ paet attorney with the name and date and specification (Complete or provisional) must also be signed on the last page along with the date.

Forms Required to be Filed for Patent Registration Application

Forms to be filed Explanation
Form 1 Patent registration Application
Form 2 Provisional or Complete Specification
Form 3 Statement and Undertaking under Section 8 of The Patents Act, 1970
Form 5 Inventorship Declaration
Form 9 Publication Request
Form 18 Examination Request
Form 26 Patent Agent Authorization
Form 28 For Small Entity

Process of Patent Registration

Patent Registration Application is filed with the Patent Act, 1970 with the prescribed authority. With Patent registration, an inventor will have the monopoly over his/ her invention. Patent registration application should be fled to avoid any dispute in future in relation to infringement.

For Patent Registration, Following points needs to be considered-

  • Patent Search- the primary step in Patent registration is to conduct a proper patent search before its application. It will let you know whether the invention is available for its registration or not. BIAT Legal LLP can conduct a Patent search on your behalf to get to know about exciting inventions in connection with your idea for a patent.
  • Patent Domicile- Patent Registration that are done in India are valid in India only. On the contrary you may protect your invention in other countries by applying a separate patent registration application in each country in which you want to apply.
  • Filing of Patent Registration Application- For filing of Patent registration an application for patent registration along with the required documents need to be filed.
  • Review of Patent registration Application- After submission of patent application, atent office of India will conduct an examination and if they find it satisfactory only then they will grant the patent otherwise they will raise an objection and the same will be communicated to the applicant.
  • Patent Grant- After verifying the Patent registration application, the application status will get updated online on the website. To grant a patent registration certificate, it takes around 1 year.

What is the validity period of the Registered Patent in India?

In India patent registration is granted for a limited period of twenty years from the date of prosisonal or complete patent registration application is filed. After the expiry of 20 years, it would fall under the public domain.

What is the Patent Renewal and How can one Apply for it?

To keep the patent alive it has to be renewed every year along with the prescribed fees. The patent needs to be renewed mandatory, in case the patent is not renewed then it will cease to exist. The patent renewal fee is payable at the end of the 2nd year from the date of patent registration.

What is to be done in case an objection is received from the Examiner? And what will be the process of responding to objections?

After filing the request for examination, the examiner will examine the application from the relevant technical background. While scrutinizing the examiner will see whether the invention qualifies the patentability criteria or not. After this, an examiner will issue an examination report to the applicant which will describe the grounds for objections. This examination report is also known as “First Examination Report (FER)”.

On receiving FER the applicant needs to respond to the objections and if the examiner is satisfied with the reply then the patent is granted within 6 months to the patentee.

What do you understand about Patent Assignment?

Once the Patent registration is done and is granted to the patentee, he reserves all right over the invention in relation to selling or distributing the invention for a sum of money. A patentee can also assign rights to produce and bring the patented products to market as per the terms prescribed by the patentee. A patent is a transferable property and it can easily be transferred from one patentee to another through assignment; however it can only be assigned by the owner of the invention by signing of an agreement.

How BIAT Legal LLP helps you in Patent Registration

BIAT Legal LLP could help you in filing Patent registration applications. We offer all types of legal services all over India and cross Borders.

FAQs

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A Patent is an exclusive right granted to the patentee over his/her invention for a limited period of time by the Intellectual Property Department, Government of India.
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A Patent Registration protects one’s invention from being infringed by any third person. A patent registration helps the patentee o gai revenue from the invention.
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No, Indian Patent is valid only in India and for registration in other countries, a separate registration application is to be filed in that particular country.
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A New Invention which involves novelty, inventive step and has an industrial application is eligible for patent registration in India.
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Yes, patent registration applications can be filed online.
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E patent registration application can be filed prior to the publication of the invention till then it should not be disclosed.
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A patent registration application is published after the expiry of 18 months from the date of filing or priority date, whichever is earlier.
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In India Patent is valid for the period of 20 years.
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Yes the Patent is required to be renewed every year by paying requisite fees. Renewal fees can be paid yearly or can be paid in lump sum as well. However for initial two years there are no renewal fees.
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Patent is granted for a limited period of 20 years from the date of filing of the application. However in some countries patent protection can be extended beyond 20 years in specific cases.
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It is possible for a patent owner to reinstate the patent, if it expires, by paying a surcharge in addition to the maintenance fees.