Patent Registration
The process of Patent registration involves a series of steps that are mandatory to be followed. Are you planning to protect your patent and get a priority date for your patent by filing a Patent application? Contact us and get the Patent registration done by securing exclusive rights over your invention.
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Patent Registration required mandatory
Benefits of Patent Filing
- A patent is a form of encouragement for innovations and inventions. Once an applicant is granted the patent, he or she becomes the exclusive owner of the invention or the idea
- Patents can be sold and licensed like other forms of property
- A patent is just like any other intellectual property and can be transferred by the inventor
- A patented product is likely to improve brand perception and potentially enable your business to charge a premium
- With exclusive patient rights, the owner of the patent controls the use of the invention for twenty years or longer
Pricing
(Simple & Clear Pricing. No Hidden Charges)
| Government Fee | Rs 0 |
| Professional Fees | Rs 1,459 |
| Goods & Service Tax | Rs 00 |
| Total Cost | Rs 1459 |
An Overview of Patent Registration
(All you need to know)
The term “Patent” denotes one of the important pillars of Intellectual Property Right (IPR) & it is an exclusive right granted by the government to the inventor on his/her Invention. Further, the term “right” includes the authority to make, sell, use, and import the product or process and restricts others from doing the same.It is governed and administered by the Patent Act 1970 & Patent Rules 1972 and remains valid for a period of 20 years. Moreover, the authority to manage the application for Patent Registration is with the Patent Office, Controller General of the Patents, Designs and Trade Marks.
1. Novelty: The most important factor to consider before applying for Registration is that the Invention must be of a unique nature and must not have been issued anywhere in India.
2. Non-Obviousness: The Invention must not be obvious and simple in nature and needs to be considered by a skilled and experienced person.
3.Industrial Applicability: As per the last factor, the Invention must be capable of being used by the industry.
List of Documents for patent registration
Following Documents are required :-
- Application form in duplicate,(Form-1)
- The provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months (Form 2)
- Drawing in duplicate (if necessary) Abstract of the invention in duplicate
- nformation & undertaking listing the number, Patent filing date, & current status of each foreign patent application (if such exist) in duplicate (Form 3)
- Priority document (if the priority date is claimed) in convention application, when directed by the Controller
- Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5)
- Power of attorney (if filed through any patent agent)
- Fees (to be paid in cash/by cheque/by demand draft).
How to apply for a patent ?
For design registration in India, you must submit the specified forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online.
In the case of online applications, the patent office will be charging an additional 10% as the fee. The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below:
For a successful Patent Registration in India, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.
You need to pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent. Visualise your idea and elements in the form of diagrams, Verification and Patentability Search. then it is best to file an optional preliminary application called the provisional patent application.
Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.
For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the patent journal. The publication of a filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised. To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request. The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.
There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution
It is common for patent applicants to receive objections, like “inconsistent or unclear claims” or “inventions lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections. Once all the patentability requirements are met, the notification to grant a patent will be published in the patent journal.
More Question? A specialist is here to help
Call us at: +91 820 956 9514 or
Email us: info@taxtorium.com
Frequently Asked Questions
Is Patent Registration application once filed examined automatically?
A Patent Registration application is not examined automatically after its filing.
How to get Patent Registration?
You can get your patent registration using our expert services. We, at LegalRaasta ensure smooth procedure of patent registration
What can be Patented
The invention that can be patented could be:
• Art, process, method or manner of manufacture
• Machine, apparatus, or other articles
• Substances produced by manufacturing
• Computer software with technical application to industry or used with hardware
• Product patent for food, chemicals, medicines, and drugs
Why is Patent search essential?
Every year many new inventions are patented. And even more are rejected due to some copied reasons. Therefore, it is advised to patent search first, to save time and effort.
Who issues Patent?
The IPD (Intellectual Property Department) has the authority to issue Patent in India.
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