The India Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets monopoly over his/her Invention for a prescribed period of time (Normally twenty years from the Priority date/Patent filing date). Applicant gets the sole right over the invention to exclude others from making, using, selling and importing the Patent.In order to get the Patent Registration in India, a specific procedure provided in the Patents Act, 1970 and The Patents Rules, 2003 needs to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration in India. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention actually originated. One can also file an application for Patent Registration through online procedures.
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Types of patent applications in India
- Ordinary application: This type of application is carried out when there are not any applications or references 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, 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.
Documents needed to get patent registration in India
The following documents are required to get your patent registered:
- 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.
Procedure for Patent Registration in India
PATENT REGISTRATION PROCESS IN INDIA:
Below is the prescribed Forms and documents which need to be filed in the designated Patent Office along with the Official Fees for the Patent Registration :
The following forms are to be submitted in the Patent Registration office to complete the Patent Registration process:
Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.
Form-2 (Provisional/Complete Specification) : It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.
Form-3 (Statement and Undertaking) : It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.
Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the Patent Registration Office of India.
Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) : In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office.
Further, in the case where Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents.
In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.
Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.
At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.
Requirements of Getting a Patent in India
The following requirements are necessary to get your invention patented in India:
- Patentable subject matter: According to the Patents Act, section 3 and 4 contains the list of non-patentable subject matter. Your invention should not fall under this list.
- Inventive or non-obviousness: The subject matter you wish to get patented should not be obvious to experts in the field. That is, it should be technologically advanced or economically profitable to be patented.
- Novelty: The invention should be new and innovative. And so, it should not be used in public domain or elsewhere around the globe.
- Industrial applicability: Finally, this invention should be practical and usable in the industries or public domain.
Rules of Patent Registration
- The first schedule of the Patent Act, describes the fee payable.
- 10% additional fee is charged in case of documents are filed physically.
- The inventor can pay the fee using electronic means, in case, demand draft or banker’s cheque.
- The fee would be paid to the Controller of Patents.
- If the application is transferred from a natural person to a person other than a natural person (entity/institution), then the balance amount will be paid by the new applicant.
- The same is with the case of start-ups. That is, if the application is transferred from a natural person to a person other than a natural person, then the difference amount will be paid by the person to whom the application is transferred.
- The fee once paid, will not be refunded. Unless, some excess amount is paid to the Controller of the Patents.
- The fee can be paid in advance of the application process.
- Some amount of fee can be refunded, if the application is withdrawn before the first statement of objection is issued. The amount specified is mentioned in the First Schedule of the Act.
Advantages of Patent Registration
- It keeps the competitors at bay, as you have all the rights reserved to yourself.
- Moreover, it increases your business revenues as it enables the patent holder to charge premium for the invention.
- These patents are just like other forms of property. Hence, it is possible to license or sell them.
- It makes it easier to raise capital for your business, if you are ready to sell or license the patent that you possess.
- The credibility of the inventor will go up after the patent registration is done.
- The selling of the idea outright will bring in much advantage to the inventor. It only brings royalty of 5% or less, but it is highly advantageous to people who have the idea but doesn’t have enough money to bring the invention to the market themselves.
Frequently Asked Questions
A Patent is an exclusive right granted to the patentee for his/her invention for a limited period of time by the Intellectual property Department, Government of India. It excludes others from making, using, selling, importing the patented product or process for producing that product without his consent of the patentee.
A patent registration helps in protecting the invention from being infringed by a third person. Moreover, with patent registration inventor gets the exclusive right to use the invention. The patent also helps in gaining revenue from the invention.
Indian Patent registration gives territorial right only and it is not valid outside the territory of India.
After obtaining patent registration in India, one can file PCT application in the patent office located in India.
A new invention which involves innovative steps can be patented in India by filing an application for patent registration in India.
For Patent Registration in India, Enterslice can file an application on your behalf as we have a team of experts who have a track record of filling patent registration application. For this you just need to provide documents to us thereafter we will file a provisional or complete application. If we file provisional application then we need to file a complete application within 12 months of filing the provisional application with the department.
Industrial applicability implies that the invention is practically feasible. The invention must be of such nature which can be used in any kind of industry.
Yes, patent registration application can be filed online. It has become possible after the Indian Patent Office put in place the online platform in 2007 for filling application.
An invention must be novel in nature. It must have involved an innovative step which must be non-obvious. It should also be capable of industrial application.
Yes, patent registration application is filed prior to the publication of invention till then it should not be disclosed.
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