Ak Tiwari & Associates

What is Patent Registration Overview

After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972. The lifetime of a patent is 20 years. This period is limited is most cases, but it could only be extended by the act of congress and in rare cases it could be extended for a few years. The patent could be for many things, be it process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. We, at LegalRaasta act as patent agent and helps companies register themselves in Delhi NCR, Mumbai, Bengaluru, Chennai and all other Indian cities

Types of Patent Registration

Ordinary application

This type of application is carried out when there are not any application or reference to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.

Conventional application

If an inventor has already filed a patent in other country and now wishes to do the same, then this comes under conventional application. It is mandatory to file the application for Indian patent within 12 months of first filing it.

PCT International application

PCT International application lets you to file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.

PCT National phase application

You can file this application within 31 months from the international filing date.

Process for Patent Registration

Patent Search

For a successful patent registration, 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 may skip the below-mentioned steps if you come across a similar patent registered already.

Filing a patent application

For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of drafting a patent specification is a specialized task that can be done best by experienced professionals only.

Ideation: Here, you need to pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.

Visualisation: Visualise your idea and elements in the form of diagrams that explain more about the invention.

Verification and Patentability Search: The next step is to verify whether your invention is patentable as per provisions mentioned in the Indian Patent Act. Your ideas/inventions must meet the patentability requirements such as:

Novelty
Non-obviousness
Usefulness
Patentable subject matter

Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called the provisional patent application.

Preparation of a patentability report

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.

Publication of patent application

The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee. 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. 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.

Patent Examination

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.

Patent objections

It is common for patent applicants to receive objections, like "inconsistent or unclear claims", "invention lacking novelty", etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.

Grant of patent

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

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Documents Required For Patent Registration

Patent application in form-1
Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
If complete specifications is not available, then provisional specifications.
In the case of provisional specifications, then complete specification in form-2 within 12 months.
Statement and undertaking under section-8 in form-3 (if applicable).
If patent application is filed by patent agent, then power of authority in form-26.
If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
The source of geographical origin should also be included in the case of biological material used in the innovation.
All the applications must bear the signature of the applicant/authorized person/Patent attorney.
The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

FAQs On Patent Registration

How objection on trademark is communicated to me?

Where to get the examination report of trademark objection?

You can get the examination report of the trademark objection on the website of IPI India.

Is Patent Registration application once filed examined automatically?

MeraProfit drafts and file a reply within the 3 working days of objection received subject to the availability of the documents

Can the patentee pay renovation fee at a time or has to pay every year?

The patentee has the option to pay the renewal fees every year, or he can pay in a mass sum as well

Is there any International Depository Authority in India?

Yes, there is an 'International Depository Authority' in India established at Chandigarh, which is recognised as the Institute of Microbial Technology (IMTECH).

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Patent Registration

What is Patent Registration Overview

Types of Patent Registration

Process for Patent Registration

Patent Search

Filing a patent application

Preparation of a patentability report

Publication of patent application

Patent Examination

Patent objections

Grant of patent

Documents Required For Patent Registration

FAQs On Patent Registration

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