Patent Registration

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

Patent filing is the first step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a wearisome process, quickly with proper guidance and support.

Before a patent registration is obtained, a thorough out 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.

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

As per the Patent Act, a "person" is any natural person, company, or association or body of individuals or government body, whether incorporated or not. For proprietorship firm, the application should be made in the proprietors' name.

In partnership firms, the names of all responsible partners must be included in the patent application.

An inventor 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.

The Patent Act states that for an invention to be registered under patent rights, 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 have the following criteria-

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

• Inventive Step -
  The invention is not manifest to a person skilled in the art in light of the prior publication, knowledge or document.

• Industrial applicability -
  Invention should have practicality so that it can be made or used in the industry.

• PROVISIONAL APPLICATION –
  It is also known as a temporary application, a provisional application is filed when an invention is still anticipated 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 need 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 conducting of any preceding convention application.
  

  A complete statement can be filed through:
  

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

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




• CONVENTION APPLICATION -
  The convention application is filed for claiming a priority date based on the similar application filed in any of the convention countries.
  To get 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.




• PCT NTERNATIONAL APPLICATION -
  Though the PCT international application does not provide an international patent access, it cover 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 reproduced in these countries.




• PCT NATIONAL APPLICATION -
  This application is filed if the applicant locate 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 major inventive step.




• DIVISIONAL APPLICATION -
  An applicant may adopt to divide an application and present 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.

1. Patent Search
   To file a successful patent right application, you need to ensure that your invention idea is unique. Conducting a patent search can confirm this, and the individual can also avoid long procedures.

2. Patent application filing
   Patent Filing is considered to be the most important aspect. The complete process specification is a peculiar 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 seeker has to do 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 specified fees.

5. Publication of Filed Patent
   For patent registration in India, the Indian patent office keeps every patent application confidential until it’s officially published in the Patent Journal.
   The publication of filed patent gets done automatically after 18 months from filing the applications, and there is no need for any request to be raised.

6. Patent Examination
   Within 48 months from the patent's first filing, there would be a formal submission of a request for the patent examination. If 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 thorough out investigation and releases the first examination report called patent prosecution.

7. Patent objections
   Patent applications can also receive objections, so it is necessary to look over the patent examination report and draft a proper response to the objections.

8. Grant of patent
   Once all the patent right registration requirements are met, the grant patent's notification will be published in the Patent Journal.

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

• A patent is a form of motivation for innovations and inventions. Once the applicant is issued 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 gain more monetary value and higher profit margin.

• 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.