What is patent & its registration in Delhi ?

What is patent & its registration in Delhi ?


What is a Patent?


A patent is a techno-legal document. A patent is granted to an invention that is novel, has an inventive step, and is industrially applicable. A patent is presented with an exclusive right by the government of a country as a reward for the contributions made by the innovators. A patent may be called an agreement between the inventor and the government for a limited period, usually 20 years in most countries. A patent is a territorial right given to an inventor. A patent is not protected in a jurisdiction where it is not filed. The exclusive rights granted to a patent include manufacturing, selling, offering to sell, importing, licensing, etc. For a period of 20 years, the only patentee is allowed to exploit the patented invention. Any third person performing any of the above will commit an act of infringement.

Role of Patent Agent

The patent agent is a coordinator between the patentee and the Patent Office. The role of the patent agent is to act on behalf of the Patentee or the inventor. A patent agent has the legal and technical skills to define the scope of the patent and extend the claims. In addition to this, the first role of a patent agent is to help an inventor to convert his innovation into a patentable invention which can be filed as a patent application under the prescribed laws of a country.

Other roles of a Patent Agent are Patent Search, FTO/Infringement Analysis, Patent Drafting, Prosecution in the Patent Office to grant of a patent, drafting and filing an opposition, revocation of a patent, maintenance of patents, and IP enforcement. Patent agents played a very important role starting from the conceiving of an idea to the enforcement of a patent. Under Indian Patent Act 1970, a Patent Agent is authorized to act on behalf of the Patentee, carried out a business assignment, and appear in the Patent Office on behalf of the patentee.


Why do you Need a Patent?


In the modern marketplace, knowledge is the most expensive intangible property. It is more recognized and acknowledged as a critical asset. Knowledge has given birth to vast new industries, particularly those based on computers, semiconductors, pharmaceuticals, biotechnology, and design materials. However, such creations and innovations in the field of science and technology need protection and should be guarded just as tangible property like our own house, car, field, etc. This is where a patent plays its role in protecting such intangible property of a human mind's creation. The most crucial step in today's world to protect an innovation or invention is to protect them by filing a patent application. For this purpose, everyone who is doing a patent-related business, research and development companies, Universities, etc must protect their invention. Without protection, their invention can be accessed by any third party and benefited from exploitation.

   

Patent Registration In New Delhi

The application for patent registration in New Delhi for an invention can be made by any individual or jointly with any other person.
Following people can apply for patent registration in New Delhi

  1. The true and the first inventor
  2. The true and first inventor’s assignee
  3. The representative of the deceased true and first inventor.

The Patent Act says that a 'Person' can be any natural person, a company or an association, or a body of individuals or any government body, whether it is incorporated or not.

  1. In the case of a proprietorship firm, the application for patent registration in New Delhi should be made in the proprietor's name
  2. In the case of the partnership firms the names of all people who are personally responsible that is the partners must be included in the patent application.
The assignee however should be a natural person or any other legal person such as a registered company, a Limited Liability Partnership, a Section 8 company, or an educational institute or government body.
The applicant is required to disclose the name, address, and nationality of the true and the first inventor.


How to Apply for a Patent in India


India patent law is prescribed under the Patent Act 1970. A patent is granted to inventions in the field of the product and process. A patent can be filed in India by an individual or by his authorized agent. In India, a patent application can be filed in the four patent offices such as Delhi, Chennai, Mumbai, and Kolkata Patent Office, depending on the jurisdiction of the applicant or online. Online filing is fast and convenient, and lessons the cumbersome steps of directly filing in the patent offices.

Types of applications that can be filed in India are :

Ordinary application (provisional and complete specification)
PCT application/PCT National Phase application
Conventional application

For applying for an ordinary patent application following documents are required to be submitted:

Form 1 - Application for grant of a patent
Form 2 - Provisional/complete specification
Form 3 -Information and undertaking
Form 5 - Declaration by the inventors

The application is published in India after the completion of 18 months. The examination procedure in India is not automatic; therefore the applicant should file the examination within 48 months from the date of the priority application. Failure to apply will be treated as an abandonment of the patent application. To grant a patent, the applicant should meet the requirements by amending the application or by submitting arguments in favor of his application to the Patent office.






















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