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 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 invention (If it is unique), there is an Intellectual Property Department established by the Indian Government. To prove that the invention is unique, 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. It is valid only for 20 years from the date the patent registration application is filed with the authority (http://www.ipindia.nic.in/) irrespective of whether an application is filled with the provisional or complete specification. After 20 years, it falls under the public domain.
Now, if you want to apply for Patent Registration in India, then TAXAJ can apply on your behalf as TAXAJ acts as a Patent Agent all over India.
What can be Patented in India?
Before Starting the Patent Registration process in India, it is essential to know what patentable innovations are.
The invention can be related to work, process, manufacturing, machine-related, computer software or any other kind of invention which has never been invented to the general public.
What Kind of Inventions cannot Be Patented?
Below mentioned cannot be termed as inventions as per The Patent Act, 1970.
- 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 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 results 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 about medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or approach for human being treatment
- Any technique used for animal treatment 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 is an aggregation or duplication of known properties of components that are traditionally known.
- Inventions concerned with atomic energy are not patentable
- No patent shall be granted in respect of an invention relating to nuclear energy
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 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 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 is given an exclusive right. The Patent is an intellectual asset for a business that can be sold, transferred or commercially contracted.
Criteria for filing Patent Registration Application
- Novelty: Invention must be a new development, and before filing a patent application, it must not have been published anywhere in India.
- Nonobviousness: Invention must not be evident, and it must be considered by the skilled person unexpected or surprising development.
- Industrial Applicability: Invention must be capable of use in industry.
Documents for filing Patent Registration Application
For filing a Patent Registration application in India, the records 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 the patent agent/patent attorney files a Patent Registration application, 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 if the application is related to biological material obtained from India.
- The origin of any biological material used in the specification should be indicated in the Patent Registration application form.
- The patent Registration application must be signed by an applicant/ Patent attorney with the name & date. The Specification (Complete or Provisional) must also be marked on the last page along with the date.
| Forms to be filed | Explanation |
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| Form 1 | Patent registration Application |
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| Form 2 | Provisional or Complete Specification |
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| Form 3 | Statement and Undertaking under Section 8 of The Patents Act, 1970 |
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| Form 5 | Inventorship Declaration |
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| Form 9 | Publication Request |
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| Form 18 | Examination Request |
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| Form 26 | Patent Agent Authorization |
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| Form 28 | For Small Entity |
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Process of Patent Registration
Patent Registration is when an application is filed with the prescribed authority to register an invention in line with The Patent Act, 1970. With Patent Registration, an inventor will have a monopoly over their invention. Patent Registration application should be filed to avoid any dispute in future concerning infringement.
For Patent Registration in India, the following below-mentioned points must be considered:
- 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. TAXAJ can perform a Patent Search on your behalf to learn about existing inventions in connection with your idea for a patent. On the flip side, if there is already a registered patent on your statement, then the Patent cannot be granted. Patent Search is a process that helps the application form a lengthy registration process. You can skip the further steps if there is already a patent that is similar to your idea.
- 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.
- Filing of Patent Registration Application– For Patent Registration, an application is filed along with the necessary details regarding invention with the intellectual property department.
- Review of Patent Registration Application– After submitting a Patent application, the patent office of the Indian Government will scrutiny and check whether there is an existing patent on a similar idea. However, if the invention is unique and falls under the criteria of the patentable invention, then the Patent will be granted.
- Patent Grant– After verifying the patent Registration application, the application status will get updated online on the Department of Industrial Policy & Promotion website, Ministry of Commerce & Industry, and Government of India. For the grant of a patent certificate it takes around one year.
What is the Validity Period of the Registered Patent in India?
The Patent is valid for 20 years in India, from the date the provisional or complete patent registration application is filed. After completion of the prescribed 20 years, it would fall under the public domain.
What is Patent Renewal, and how one can apply for it?
To keep the Patent alive, it has to be renewed every year. A patent must be renewed mandatorily; if the Patent is not renewed, 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 a 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, the Patent gets ceased to effect. It can only be stored by filing restoration applications in the prescribed Form-15 within 18 months from the date patent got ceased to effect.
What in case of objection received from the examiner? And what will be the process of responding to complaints?
After filing the Request for Examination, the examiner will examine the application from the relevant technical background. While scrutinizing an application, it must be ensured that it is in line with the patent act and rules.
The examiner also performs a patent search to understand similar technologies and ascertain whether the invention qualifies for the patentability criteria. After this, an examiner will issue an Examination Report to the applicant, which will describe the grounds for objections. This examination report is also known as the "First Examination Report (FER)".
On receiving the First Examination Report, an applicant needs to respond to the objections, and this process may also involve appearing for the hearing. From the date FER is issued to an applicant, the Patent is granted within six months (earlier, 12 months). In contrast, above mentioned period can be extended for a further period of 3 months on the filing of time extension request in Form 4.
Can Patent be Revoked in India?
Yes, a patent can be revoked by filing a petition with the High Court by any person/ central government/ in case of counterclaim in a suit for patent infringement. It can be revoked if the high court believes that the Patentee fails to comply with the reasonable terms & conditions of the Government. There can be several grounds for patent revocation. A patent can also be revoked in the public interest or when it is non-working.
What do you understand by Patent Assignment?
Once the patent registration is done, or the Patent is granted to the Patentee for his/her invention, the patentee reserves all rights over the invention concerning selling and distributing the invention for a sum of money. A patentee can also assign rights to produce and bring the patented product to market as per the terms prescribed by the Patentee. A patent is a movable property. It can easily be transferred from the Patentee to any other person through assignment; however, it can only be assigned by the Patent owner. Co-owners or joint-owners are also eligible to assign the Patent after obtaining the prior consent of the owner.
What is the process of appealing against the rejection of the Patent Registration application?
As per The Patents Act 1970, there are two types of opposition proceeding: pre-grant opposition under Section 25(1) and post-grant opposition under Section 25(2). If the authority rejects the patent registration application after considering the opposition, then the aggrieved may file an appeal with the Intellectual Property Appellate Board (IPAB) with the requisite fees. The appeal should indicate the grounds of filing an appeal which the applicant must sign. IPAB has its headquarters in major cities such as Mumbai, Chennai, Delhi, Kolkata, and Ahmadabad. The aggrieved must file an appeal within three months from the decision date as per section 117A of the Patents Act, 1970. However, an extension may also be available on request. We can say that the IPAB has streamlined the process of appealing.
Will Patent Registration in India protect my invention outside India as well?
If a patent is registered in India, it is valid in India only. The patent owner outside India cannot exercise rights in connection with a patent. However, if the patent owner wants patent protection in other countries, they have to apply to other countries within 12 months of patent registration in India.
How can one apply for International Patent Registration in India?
The PCT enables the applicant to file an international patent registration application to protect an invention in PCT contracting states. There is a requirement for filing only one international application. It saves the time & effort of the applicant to obtain the protection for an invention in several countries. It also helps the applicant decide on the prosecution of the application before the various national patent offices. The time limit for entering into the national phase in several countries is 30/31 months from the priority date. PCT applications 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.
What are the critical differences between Patent & Copyright?
Intellectual Property is nothing but a human creation created by skills such as the brain, labour, and capital. Under Intellectual Property rights, Copyright and Patent are two different rights that offer protection, and these rights are the company's intangible assets.
A patent protects an invention of the Patentee and prevents it from misuse by others. At the same time, Copyright protects the expression of ideas which is creative and intellectual work such as artistic, literary, musical and dramatic work.
Comparison Chart (Copyright © Vs Patent)
| Basis | Copyright | Patent |
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| 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 job. | The Patent protects the invention of the inventor and gives an exclusive right to the inventor over their invention, and it also excludes others from using the invention. |
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| Significance | Expression of Idea | Invention |
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| Govern by | Indian Copyright Act, 1957 | Indian Patent Act, 1970 |
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| Components | Protects Artistic & literary work | Protects Invention |
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| Registration Requirement | There is no such registration required. | Patent Registration is mandatory. |
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| Exclusions | Others cannot copy the work. | Others from using the invention without the consent |
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| Validity Term | 60 Years | 20 years |
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Both Copyright & Patent are the intellectual property rights granted by the Government. Both the terms of intellectual property cover the different aspects, such as Copyright covers authors' creative and original work. On the other side, the Patent gives protection to the invention.
What are the 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; 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 the particular form in which it is claimed.
How TAXAJ helps you to get filing of Patent Registration?
TAXAJ can help you in filing a Patent Registration application. We offer all types of legal services all over India and across the world.
For Patent Registration in India from TAXAJ, you have to go through the following steps:
- You have to visit our website www.taxaj.com and fill in your basic details like Name, Email Id & Mobile No – Click on Get Started button.
- Then we request you to wait for a Call back from a consultant. Alternatively, if you are in a hurry, you can directly make the payment and start the process if you are clear about the Patent Registration process.
- Our team of experts will call you back in 4 to 8 Working hours, and after that, if you have any further queries, a professional from our senior management will speak with you on Skype. You can also drop an email on support@taxaj.com
- After understanding the structure of your invention team of TAXAJ will share a detailed checklist of documents required from your end for further action.
- We will assign you a unique order number to track the progress of the assignment.
- You can also upload documents by using the Mobile application of TAXAJ, which is available on the Google play store for Android users and the Apple App Store for iOS users. You can also email your documents to support@taxaj.com.
- We assign a small team of 4 people on each assignment of Patent registration with a Combination of Professionals like CA, CS, and Lawyers.
- You can track the status of your order on our website or by using Mobile App.
- We will send regular updates via email about the work progress.
- Our team will handle end to end processes like Patent Search, drafting of the Patent Registration application, arranging all the necessary documents and filing of Patent Registration application with the appropriate government authority.
For tracking the status of your order, you can write us at support@taxaj.com and for Feedbacks/Complaints, write to connect@taxaj.com