What are the requirements for Patent Registration?

Patent Registration & Its application process & grant possibilities

The Patent is an exclusive right granted to the Patentee over their invention for a limited period. Through Patent Registration, the Patentee shall have all the rights regarding controlling, making, using, selling or importing patented product or process for producing that product. After Patent Registration, no one will be able to use the invention without the Patentee's consent. However, whether the invention is patentable depends upon various factors, such as the invention must be innovative, which involves an inventive step and can be used in industry.

In India, to consolidate Patent laws, there are a Patent Act 1970 & Patent Rules 1972.

With Patent Registration, you can obtain an intellectual property right over an invention. For Patent Registration, an application can be filed either by an individual or firm. To grant an exclusive right over creation (If it is unique), there is an Intellectual Property Department established by the Indian government. To prove that the invention is fantastic, the inventor has to produce all the evidence connected with the invention.

Applications concerned with Patent Registration are managed by "The Patent Office, Controller General of Patents, Designs & Trade Marks". Patent Registration applications can be electronically filed along with the provisional or complete specification with the prescribed government authority. The invention can be a process, art, manufacturing method, computer software, or chemicals or drugs.
The patent registration process is not lifelong,, and it is valid only for a period of 20 years from the date patent registration application is filed with the authority (www.ipindia.nic.in/) irrespective of the fact whether an application is filled with the provisional or complete specification. After a period of 20 years, it falls under the public domain.
Now, if you want to apply for Patent Registration in India,, then Enterslice can apply on your behalf as Enterslice acts as a Patent Agent all over India.

What can be Patended in India
Before Starting the Patent Registration process in India, it is important to get to know what patentable innovations are.
The invention can be related to work, process, manufacturing, the machine related, computer software or any other kind of invention which has never been invented to the general public.

Inventions cannot be Patended
  • Such an invention which is contrary to the natural laws;
  • The invention which is prejudice to human, animal or life of a plant or health or to the environment;
  • If the invention is the mere discovery of a scientific principle or the formulation of an abstract theory
  • If the invention is the mere discovery of any living or non-living substance occurring in nature;
  • The mere invention of a known process/ the machine unless such process results in a new product.
  • Mere admixture which is resulting in the collection of the properties of the components;
  • Mere arrangement or re-arrangement of devices which are very common in nature;
  • Such inventions which are excluded by the Patents (Amendment) Act, 2002;
  • Any method used for agriculture or horticulture purpose;
  • Ant process in relation to medicinal, surgical, curative, prophylactic diagnostic, therapeutic or process for human being treatment
  • Any process used for animal treatment in order to make them free of disease
  • Invention concerned with plants and animals including seeds, varieties, and species, the essentially biological process for the production of plants and animals other than microorganisms;
  • Computer Program or any mathematical methods;
  • Any creation concerned with literary, dramatic, musical or artistic work including cinematographic works as well as television productions;
  • Any mere method of playing the game;
  • Mere Information Presentation
  • The topography of integrated circuits;
  • The invention which is an aggregation or duplication of known properties of components which are traditionally known.
  • Inventions in concerned with atomic energy are not patentable
  • No patent shall be granted in respect of an invention relating to atomic energy

Importance of patent Registration

  • Legal Protection to Invention: Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered then legal protection is not enforceable.
  • Transferable Rights: Patent Registration gives the patentee a right to sell or transfer a patent as it helps in raising revenue.
  • Validity Period of 20 days: After Paten Registration, an invention is legally protected for a period of 20 years.
  • Competitive Advantage: Patent Registration gives a competitive advantage to the business. For similar products, competitors will not be able to use the patented invention.
  • Asset Creation: Patent is an Intellectual Property Right, therefore, Patent Registration given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.

Criteria for filing Patent Registration Application


1. Novelty: Invention must be a new development and prior to the date of filing a patent application it must have not published anywhere in India.

2. Non-Obvoiusness: Invention must not be obvious in nature and it must be considered by the skilled person unexpected or surprising development.

3. Industrial Applicability: Invention must be capable to use in industry.

Documents Required for filing Patent Registration Application

a) An Application for Patent Registration in Form-1

b) Complete specifications in Form-2 however if not available then Provisional Specification

c) Statement and Undertaking n Form-3

d) A declaration from the inventor as to inventorship in Form 5;

e) A proof from the inventor regarding the right to file a Patent Registration application

f) If a Patent Registration application is filed by the patent agent/patent attorney then the power of authority in Form-26;

g) In case of convention application (Paris convention) or PCT national phase application, one has to file priority documents along with the application or within 18 months from the priority date;

h) It is required to submit the National Biodiversity Authority permission in case application is related to biological material obtained from India.

i) The source of origin of any biological material used in the specification should be clearly indicated in the Patent Registration application form.

j) The patent Registration application must be signed by an applicant/ Patent attorney with the name & date and Specification (Complete or Provisional) must be also be signed on the last page along with the date.

Forms to be filed for Patent Registration


Forms to be Filed

Explanation

Form 1
Patent registration Application

Form 2
Provisional or complete specification

Form 3
Statement and Undertaking under Section 8 of The Patents Act, 1970

Form 5
Inventorship Declaration

Form 9
Publication Request

Form 18
Examination Request

Form 26
Patent Agent Authorization

Form 28
For Small Entity

Procedure of Patent Registration
For Patent Registration in India, following below-mentioned points must be considered:

i) Patent Search: Before filing Patent Registration in India you must be aware of the nonobviousness of an invention and for this purpose, the Patent search is conducted. Enterslice can conduct Patent Search on your behalf to get to know about existing inventions in connection with your idea for a patent. On the flip side in case there is already a registered patent on your idea, then the patent cannot be granted. Patent Search is a process which helps the applicant form the lengthy registration process. You can skip the further steps if there is already a patent which is similar to your idea.

ii) Patent Domicile: Patent Registration done in India is valid in India only. Patent Registration gives protection to your invention only in India and not in any other country. On the contrary, you may protect your invention in other countries as well. For this purpose, a separate patent registration application must be filed in each country.

iii) Filing of Patent Registration Application: For Patent Registration, an application is filed along with the necessary details regarding invention with the intellectual property department.

iv) Review of Patent Registration Application: After submission of a Patent application, patent office of the India Government will scrutiny and check whether there is an existing patent on the similar idea. However, if the invention is unique and falls under the criteria of the patentable invention then the patent will be granted.

v) Patent Grant: After verifying the patent Registration application, the application status will get updated online on the website of the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, and Government of India. For the grant of a patent certificate, it takes around one year.

Validity Period of Registered Patent in India
The patent is valid for the period of 20 years in India, from the date provisional or complete patent registration application is filed. After completion of prescribed 20 years, it would fall under the public domain.

Patent Renewal
To keep the Patent alive, it has to be renewed every year. A patent must be renewed mandatorily, in case patent is not renewed then it will be ceased to exist and it shall pass on to the public domain. In India, a patent can be renewed for one year by filing patent renewal application along with the prescribed fees by the patentee. The patent renewal fee is payable at the end of the 2nd year from the date of patent registration.

In case of non-payment of renewal fees within the prescribed time, patent gets ceased to effect then it can only be stored by filing restoration application in the prescribed Form-15 within the period of 18 months from the date patent got ceased to effect.

Applying for International Patent Registration in India
The PCT enables the applicant to file international patent registration application to obtain protection for an invention in PCT contracting states. There is a requirement for filing only one international application. It saves time & effort of the applicant in order to obtain the protection for an invention in several countries. It also helps the applicant in taking a decision regarding the prosecution of the application before the various national patent offices and the time limit for entering into the national phase in several countries is 30/31 months from the priority date. PCT application can be filed by the resident of any of the PCT contracting states. For international Patent Registration in India, the application can be electronically filed on the website of WIPO.

Key differences between Patent & Copyright
Intellectual Property is nothing but a human creation which is created by a person’s own skills such as the brain, labor, and capital. Under Intellectual Property rights, Copyright and Patent are two different rights which offer protection. These rights are the intangible assets of the company.

Patent provides protection to an invention of the patentee and prevents it from the misuse by others while Copyright provides protection to the expression of ideas which is creative and intellectual work such as artistic, literary, musical and dramatic work.

Comparison Chart

Validity term

Basis
Copyright
Patent
Introduction
It protects the expression of ideas like artwork. Artistic work includes work related to books, paintings, music and computer Program. Copyright protection helps in excluding others from using the work.
The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention.
Significance
Expression of Idea
Invention
Govern by
Indian Copyright Act, 1957
Indian Patent Act, 1970
Components
Protects Artistic & Literally work
Protects Invention
Registration Requirement
There is no such registration required
Patent Registration is mandatory.
Exclusions
Others cannot copy the work.
Others from using the invention without the consent.
60 Years
20 Years

Recent Amendments in the Patent Act, 1970
The Indian Patent Office (IPO) has issued guidelines on 30 June 2017 (Revised Guidelines for examination of Computer-Related Inventions (CRIs)). These Revised Guidelines have been made applicable with immediate effect and it is the third version of the CRI guidelines. On CRI, the first version of the guidelines was issued on 21 August 2015 whereas later it was replaced by the guidelines issued on 19 February 2016 (Second Guidelines). This guideline concluded that Patent Examiner should mainly focus on the underlying substance of the invention and rather than particular form in which it is claimed.


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Posted by Aashima
Team TaxaJ

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