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The Overview of Patent Registration

The term “Patent” denotes one of the pillars of Intellectual Property Right (IPR), and it is a 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 of the product or process and restricts others from doing the same.

It is governed and administered by the Patent Act 1970 and 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.

Who is Eligible for Filing Patent

In India, any individual or business entity that wants to protect and secure an idea or invention can apply for Patent. The term “Invention” includes both the new product and new process.

Also, a natural person who is an assignee under the Patent Law and claims to be the true and first inventor of the art/ research has the right to make such an application.

The LRs or Legal Representative of a deceased person (who immediately before his death was entitled to make an application for Patent Registration) can file for Patent as well.

What can be Patented in India?

Any Invention that relates to Process, Work, Computer Software, Manufacturing, Machines, or any other type of Invention, which has never been invented before for the general public.

Further, the factors that are to be considered for registration are as follows:

Novelty

The first and the most important factor to consider before applying for registration is that the invention must be of a unique nature and must not have issued anywhere in India.

Non-Obviousness

The invention must not be obvious and simple in nature and needs to be considered by the skilled and experienced person.

Industrial Applicability

As per the last factor, the invention must be capable of being used by the industry.

Patent Registration

Benefits of Patent Registration

The benefits of obtaining registration under the Patents Act 1970 are as follows:

Protection of Invention

A Patent is an Intellectual Property Right that aims to protect ones creation or invention and restrict others to use it without obtaining the prior consent of the Inventor.

Sell or Transfer Patent

A Patent can easily be Sold, Transferred, or Franchised by the Inventor for generating revenue.

20 Years of Validity

In India, a registered Patent remains valid for a period of 20 years, starting from the date of registration.

Helps in Growing Business

A registered patent will help the inventor to grow his/her business and will assist in raising capital for the business as well.

Receive Royalties

The Patentor can receive Royalties by licensing his/ her product to other company.

Monopoly

After obtaining Patent Registration, both businesses and investors can enjoy both Market Monopoly and Competitive Benefit.

Requirements for Obtaining Patent in India

In India, the key requirements for obtaining a Patent are as follows:

Patentable Subject Matter

As per the provisions of the Patents Act, section 3 and 4 includes a comprehensive list of Non-Patentable subject matter. That means if an invention falls under such a list, the same will not be eligible for Patent Registration.

Inventive or Non-obviousness

The invention must not be obvious and simple in nature and needs to be considered by the skilled and experienced person. That means, it must be technologically advanced and economically profitable to be patented.

Novelty

The term “Novelty” denotes that invention must be of a unique nature and must not have issued anywhere in India. That means the same should not be in the public domain before the filing of the application.

Industrial Applicability

As per this requirement, the invention must be practical and operational in the industries and public domain.

Rules for Obtaining Patent in India

The rules for obtaining Patent in India are as follows:

  • The Fee for Patent will be payable as per the First Schedule of the Patent Act;
  • In case the applicant physically files the documents, then the authorities will charge an additional fee of 10%;
  • The different modes of paying the fees are as follows:
  • Electronic means;
  • Demand Draft;
  • Banker’s Cheque;
  • The applicant will pay the fee to the Controller of Patents;
  • If in case the application form is transferred from a natural person to any person other than a natural person, then the new applicant needs to pay the remaining amount;
  • The case mentioned in point (e) will apply on Start-ups as well;
  • It shall be taken into consideration that the fee once paid, will not be refunded back, unless, there is some excess amount paid to the Controller of Patents;
  • The applicant needs to pay the fee in advance of the process of registration;
  • In case the applicant withdraws the application filed prior to the issuance of the objection, then some amount of the fee paid will be refunded back to the applicant.

Different Types of Patent Applications

In India, the different types of Patent Applications are as follows:

Ordinary Application

The term “Ordinary Application” denotes a fresh application filed at the Indian Patent Office. Further, in this case, both the filing and priority date are same for the application.

Conventional Application

The term “Conventional Application” denotes an application that is previously filed by the applicant in some other country and wants to file the same in India as well. Further, it shall be relevant to take into consideration that the applicant needs to file the said application within a period of 12 months, starting from the date of its first filing.

PCT International Application

The term “PCT International Application” denotes an application that is filed by the applicant in multiple countries. One can file this application in a maximum of 142 countries. Also, the same will take around 30 to 31 months for claiming protection in each country, starting from the date of International Filing.

PCT National Phase Application

The term “PCT National Phase Application” denotes an application filed by the applicant in India just like other countries for claiming protection. The applicant needs to file the same at the Indian Patent Office within a period of 31 months, starting from the date of International Filing.

Forms for Patent Registration in India

S.no

Stages of the Process for Patent Registration

Form No.

1.

Application for the Grant of Patent;

Form 1

2.

Provisional/ Complete specification;

Form 2

3.

Statement and Declaration under section 8;

Form 3

4.

Declaration as to Inventorship;

Form 5

5.

Forms furnished only by start-ups and small business entities;

Form 28

 

Documents Required for Obtaining Patent Registration

In India, the documents required for obtaining Patent Registration are as follows:

  • Application for Patent Registration in Form 1;
  • Proof of Right to file Patent Application. Further, this proof needs to be attached along with the application for Registration;
  • In case the applicant does not have complete specifications, he/ she needs to file the provisional specifications. However, in case of provisional specifications, the applicant requires to file the complete specifications with a period of 12 months in Form 2;
  • Form 3 for filing Statement and Declaration under section 8;
  • Form 26 for Power of Attorney, in case the application for Patent Registration is filed by the Patent Agent;
  • In the case of Biological Material, the applicant needs to obtain permission from the NBA (National Biodiversity Authority), before the issuance of the patent;
  • Also, in the case of Biological Material, the applicant needs to mention the source of Geographical Origin;
  • The application for registration must bear the signature of the Applicant/ Patent Attorney/ Authorised Person;
  • MSME or Start-up India Certificate, if in case any;
  • The Applicant/ Agent needs to sign the last page of the Complete/ Provisional Specification;

Procedure for Obtaining Patent Registration in India

The steps involved in the procedure of obtaining Patent Registration in India are as follows:

Patent Search

The first step in the process for registration is to get aware of the Non-obviousness and Novelty of a Patent by conducting Patent Search. It will assist the applicant in knowingwhether the patent of similar nature is already registered or not.

Drafting of Patent Application

Once the applicant has completed the process of patent search, he/ she needs to get the application drafted in Form 1. Also, he/she requires to attach the specifications with each Patent Application in Form 2.

Filing of Patent Application

In this step, the applicant needs to file the application for Patent Registration with the Indian Patent Office.

Review of Patent Application

After filing the application for Patent Registration, the same will be verified by the Indian Patent Office of the Government of India.

Grant of Patent

Once the authorities are satisfied by the application filed for Patent Registration, the same will grant the Patent for applicant’s invention. Further, it shall be taken into consideration that the period required for the issuance of patent certificate ranges from 6 months to 1.5 years.

Fees for Filing Patent in India

The two ways for filing Fee for Patent Application are as follows:

  • E-filing;
  • Physical Filing

E-Filing

Particulars

Individual

Small Entity

Other Than Small Entity

For Filing Patent Application;

Rs 1600

Rs 4000

Rs 8000

For each page of Specification along with 30 pages;

Rs 160

Rs 400

Rs 800

For each claim along with 10 claims

Rs 320

Rs 800

Rs 1600

 

Physical Filing

Particulars

Individual

Small Entity

Other Than Small Entity

For Filing Patent Application;

Rs 1760

Rs 4400

Rs 8800

For each page of Specification along with 30 pages 

Rs 176

Rs 440

Rs 880

For each claim along with 10 claims

Rs 352

Rs 880

Rs 1760

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