Patent is a type of Intellectual Property Right which grants an inventor or patentee the right to exclude any third person from using, selling or importing the patented product or process for producing such product, without the patentee’s consent. This right is granted for 20 years from the date of filing the patent application.
Patent registration process
To successfully register your patent, you have to ensure that your invention or proposed invention is non-obvious and unique. This can be done by searching if there are other similar patents registered already.
Patent specification or a detailed description of the product and process is one of the most crucial steps for patent filing. There are different types of patent applications in India:
- Provisional application
This type of application is suitable if you are in the process of finalizing your invention. This provides temporary protection before you can get an actual patent upon completion of your invention. This prevents similar inventions from being designated as prior art to your invention.
- Non-provisional application
This application either does not have any prior claim or is not filed with the pursuance of any preceding convention application.
- Convention application
You as an inventor need to file this application for claiming a priority date based on the same or similar application filed in any of the convention countries.
- Divisional application
You may choose to divide an application and file two or more applications if a particular application claims more than one invention.
After extensive research, the patentability report is to be prepared which contains a detailed analysis of the invention and the application. You should attach all the specified documents along with the patent application:
- Duplicate of the application form (Form 1)
- Duplicate of provisional or complete specification (Form 2)
- Duplicate of drawing, if required
- Duplicate of the abstract of the invention
- Duplicate of details of each foreign patent application like current status of such applications, etc., if required (Form 3)
- Priority document, if applicable
- Inventorship declaration, if applicable (Form 5)
- POA or Power of Attorney, if the application is filed through an agent or lawyer
After the preparation of the patentability report, the application needs to be published in the Patent Journal. For early publication, you should file a formal request for advancement.
Within 18 months from the date of application filing.
A formal request for patent examination needs to be filed after patent application filing.
Within 48 months from the first date of filing, provisional or complete application.
Why do you need patent registration?
- Encouragement for more inventions and innovations
Once your patent is granted and registered, you become the exclusive owner of the invention and enjoy complete control over the use of your invention. The lucrativeness of patents can act as a strong motivation for more innovations.
- Safeguarding your business interest
As a patent owner, you have a legal right to restrict your competitors and any third party from copying, selling, or importing your invention and its associated intellectual property rights without your permission.
- Enhanced brand perception
Patent reflects the novelty and utility of your invention and thus often enhances your brand perception in the market. This can help you to charge a premium for your invention.
Reply to objections
It is important to analyze the patent examination report and prepare replies to any objections to your patent application raised therein.
Compliance with the objections within 12 months from the date of issuance of the First Examination Report.
Once all requirements are met satisfactorily, the patent granting notification is published in the Patent Journal.
After 3 years of patent registration, you need to renew your patent every year.
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Is your invention or idea satisfying these requirements?
- Utility or usefulness
- Patentable subject matter as laid down under S. 3 and 4 of the Patents Act, 1970
Do you relate to any of these statements?
- You as an inventor want to ensure that your application is flawless
- You wish to protect your invention from people with similar products
- You wish to ensure that your invention is not misused
- You are looking to earn maximum profits out of your invention