Patent Registration Meaning
What is Patent Registration?
The patent is an exclusive right granted to the Patentee over his/her invention for a limited period of time. 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 consent of the patentee. However, whether the invention is patentable or not depends upon various factors such as invention must be innovative which involves an inventive step and which can be used in industry.
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 invention (If it is unique) there is an Intellectual Property Department established by the Indian government. To prove that invention is unique, the inventor has to produce all the evidence in connection with the invention.
What can be Patented 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.
What is the 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
- 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.
- Non-Obviousness: Invention must not be obvious in nature and it must be considered by the skilled person unexpected or surprising development.
- Industrial Applicability: Invention must be capable to use in industry.
Documents for filing Patent Registration Application
For filing Patent Registration application in India, documents required are as under:
An Application for Patent Registration in Form-1
- Complete specifications in Form-2 however if not available then Provisional Specification
- Statement and Undertaking n Form-3
- A declaration from the inventor as to inventorship in Form 5;
- A proof from the inventor regarding the right to file a Patent Registration application
- If a Patent Registration application is filed by the patent agent/patent attorney then the power of authority in Form-26;
- 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;
- It is required to submit the National Biodiversity Authority permission in case application is related to biological material obtained from India.
- The source of origin of any biological material used in the specification should be clearly indicated in the Patent Registration application form.
- 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 required to be filed for Patent Registration Application
| 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 |
Process of Patent Registration
Patent Registration is a process under which an application is filed with the prescribed authority in order to register an invention in line with The Patent Act, 1970. With Patent Registration, an inventor will have the monopoly over his/her invention. Patent Registration application should be filed to avoid any dispute in future in relation to infringement.
recent/last 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.
Created & Posted By Sapna Choudhary
Assistant at TAXAJ
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