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Patent Registration

What is Patent registration in India?

Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.

Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.

Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India's database to check if there is an object or invention that is the same or similar to the applicant's invention.

However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

Who can file a patent application?

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

  • The true and first inventor
  • True and first inventor’s assignee
  • The representative of the deceased true and first inventor his / her assignee

According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.

  • In the case of a proprietorship firm, the application should be made in the proprietors' name.
  • In partnership firms, the names of all personally responsible partners must be included in the patent application.

An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.

The applicant is required to disclose the name, address, and nationality of the true and first inventor.

What can be patented?

The Patent Act states that for an invention to be patentable, the invention must be a new product or process that involves an inventive step and can be used in the industry. For an invention to obtain patent registration, it should be technical and meet the following criteria-

Novelty - The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.

Inventive Step - The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.

Industrial applicability - Invention should possess utility so that it can be made or used in the industry.

Types of patent application in India

Provisional application - Also known as a temporary application, a provisional application is filed when an invention is still in the pipeline and has not been finalized. Early filing of a patent will prevent any other related inventions from being designated as prior art to the inventor's application.

This type of patent application is filed when an invention requires additional time for development.

Ordinary or Non-Provisional application - This type of application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be filed through:

Direct Filing: Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.

Subsequent Filing: Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.

Convention application - The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries.

To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.

To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.

PCT international application - Though the PCT international application does not provide an international patent grant, it paves the way for the streamlined patent application process in many countries at one go.

The Patent Corporation Treaty governs it and can be validated in up to 142 countries. Filing this application will protect an invention from being replicated in these countries.

PCT National application - This application is filed if the applicant discovers that he has come across an invention, a slight modification of the invention that has already been applied for or patented by the applicant. PCT National application can be filed if the invention does not involve a substantial inventive step.

Divisional application - An applicant may choose to divide an application and furnish two or more applications if a particular application claims more than one invention. The priority date for these applications is similar to that of the parent application.

Pay as you go grow pricing

All Inclusive Pricing - No Hidden Fee

Basic

69899

all inclusive fees

Complete specifications registration of device patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by IndiaFilings expert. Inclusive of government fees and service tax.

Premium

99899

all inclusive fees

Complete specifications registration of device, design or medical patents (non- provisional) with the Indian Patent Office. Invention description and drawings/ illustrations to be provided by the client. Abstract and claims specifications will be drafted by IndiaFilings expert. Inclusive of examination report. Inclusive of government fees and service tax.

How to File Patent application?

How to File Patent application?

  • 1

    Patent Search

    To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.

  • 2

    Patent application filing

    Patent Filing is considered to be the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice.

    Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.

  • 3

    Preparing patentability report

    The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.

  • 4

    Publication of patent application

    After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.

    Publication of Filed Patent

    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 filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.

  • 5

    Patent Examination

    Within 48 months from the patent's first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, 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.

  • 6

    Patent objections

    Patent applications also receive objections, so it is mandatory to analyze the patent examination report and draft a proper response to the objections.

  • 6

    Grant of patent

    Once all the patentability requirements are met, the grant patent's notification will be published in the Patent Journal.

Where to file a patent application?

It is filed electronically using Form-1 and provisional/ complete specification, with the prescribed fee at the appropriate patent office. The jurisdiction of a patent office is decided based on the following:

  • Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
  • The place from where the invention originated.
  • Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).

Mumbai Patent Office Jurisdiction

The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.

Delhi Patent Office Jurisdiction

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.

Chennai Patent Office Jurisdiction

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.

Kolkata Patent Office Jurisdiction

The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.

What are the benefits of filing a patent in India?

Here are the benefits of filing a patent registration in India:

  • A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.
  • Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.
  • Patents can be sold as well as licensed like other forms of property.
  • The inventor can also transfer it.
  • A patented product improves the brand perception and potentially enables the business to charge a premium.
  • With exclusive patent rights, the patent owner controls the use of the invention for twenty years and longer.

Patent Registration FAQ

What does a patent do?

An individual or firm obtains the intellectual property right of an invention, the patent right grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.

How to obtain Patent registration?

Following steps need to be followed to obtain patent registration.

  • Patentability/ Novelty research
  • Drafting the patent application
  • Patent application filing
  • Patent application publication
  • Examination
  • Examination report issuance
  • Granting the patent.

What can get patent registration?

The following can obtain patent registration:

  • Art, process, method, or manner of the manufacture
  • Machine, apparatus
  • Any products produced by manufacturing
  • Computer software with technical application
  • And even product paten for food, chemicals, medicines or drugs.

For how long is the patent registration valid?

Patent registration is valid for 20 years.

What information is required to obtain patent registration?

Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.

Why is it necessary to carry out a patent search?

As every year many inventions are patented, many of them are rejected as they are infringed. A patent search is advisable to save time and effort.

Why IndiaFilings for Patent registration?

Expert help saves the time and effort that is required for registering a patent. Expert advice will help in obtaining a patent registration quickly.

Does an applicant get a chance to be heard in case if the patent registration is rejected?

The applicant has to submit a request for a hearing 10 days before the expiry of the statutory period. If the applicant fails to do so the controller may then refuse the application without even hearing the inventors.

Patent Registration in State

Patent Registration in City

Patent Registration In Mumbai

Patent Registration In Bangalore

Patent Registration In Chennai

Patent Registration In Ahmedabad

Patent Registration In Pune

Patent Registration In Agra

Patent Registration In Ajmer

Patent Registration In Aligarh

Patent Registration In Amravati

Patent Registration In Amritsar

Patent Registration In Asansol

Patent Registration In Aurangabad

Patent Registration In Bareilly

Patent Registration In Belgaum

Patent Registration In Bhavnagar

Patent Registration In Bhiwandi

Patent Registration In Bhopal

Patent Registration In Bhubaneswar

Patent Registration In Bikaner

Patent Registration In Chandigarh City

Patent Registration In Nagpur

Patent Registration In Cuttack

Patent Registration In Dehradun

Patent Registration In Dhanbad

Patent Registration In Bhilai

Patent Registration In Durgapur

Patent Registration In Erode

Patent Registration In Faridabad

Patent Registration In Firozabad

Patent Registration In Ghaziabad

Patent Registration In Gorakhpur

Patent Registration In Gulbarga

Patent Registration In Guntur

Patent Registration In Gwalior

Patent Registration In Gurgaon

Patent Registration In Guwahati

Patent Registration In Indore

Patent Registration In Jabalpur

Patent Registration In Jaipur

Patent Registration In Jalandhar

Patent Registration In Jammu

Patent Registration In Jamnagar

Patent Registration In Jamshedpur

Patent Registration In Jhansi

Patent Registration In Jodhpur

Patent Registration In Kakinada

Patent Registration In Kannur

Patent Registration In Kanpur

Patent Registration In Kochi

Patent Registration In Kottayam

Patent Registration In Kolhapur

Patent Registration In Kollam

Patent Registration In Kota

Patent Registration In Kozhikode

Patent Registration In Kurnool

Patent Registration In Ludhiana

Patent Registration In New Delhi

Patent Registration In Hyderabad

Patent Registration In Kolkata

Patent Registration In Lucknow

Patent Registration In Madurai

Patent Registration In Malappuram

Patent Registration In Mathura

Patent Registration In Goa City

Patent Registration In Mangalore

Patent Registration In Meerut

Patent Registration In Moradabad

Patent Registration In Mysore

Patent Registration In Nanded

Patent Registration In Nashik

Patent Registration In Nellore

Patent Registration In Noida

Patent Registration In Palakkad

Patent Registration In Patna

Patent Registration In Pondicherry

Patent Registration In Allahabad

Patent Registration In Raipur

Patent Registration In Rajkot

Patent Registration In Rajahmundry

Patent Registration In Ranchi

Patent Registration In Salem

Patent Registration In Sangli

Patent Registration In Siliguri

Patent Registration In Solapur

Patent Registration In Srinagar

Patent Registration In Thiruvananthapuram

Patent Registration In Thrissur

Patent Registration In Tiruchirappalli

Patent Registration In Tirupati

Patent Registration In Tirunelveli

Patent Registration In Tiruppur

Patent Registration In Tiruvannamalai

Patent Registration In Ujjain

Patent Registration In Vadodara

Patent Registration In Varanasi

Patent Registration In Vijayawada

Patent Registration In Vellore

Patent Registration In Warangal

Patent Registration In Bilaspur

Patent Registration In Perinthalmanna

Patent Registration In Purulia

Patent Registration In Shimla

Patent Registration In Tirur

Patent Registration In Surat

Patent Registration In Visakhapatnam

Patent Registration In Gandhinagar

Patent Registration In Coimbatore

Patent Registration In Trichy

Patent Registration In Anand

Patent Registration In Patiala

Patent Registration In Roorkee

Patent Registration In Etawah

Last updated: Oct 27, 2021

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