Patent Registration

Patent Registration

After the course of patent enlistment, one gets licensed innovation right to a creation did by an individual or a firm. On the off chance that it is exceptional, the public authority will give you the full ideal for your item. It awards you the full right of making, utilizing, selling or bringing in the item or administrations and restricts others from doing as such. The licenses in India are administered by the Patent Act 1970 and Patent Rules 1972.

The lifetime of a patent is 20 years. This period is restricted generally speaking, yet it must be stretched out by the demonstration of congress and in uncommon cases it very well may be reached out for a couple of years.

The patent could be for some things, be it process, workmanship, technique to produce, specific mechanical assembly, machine, PC programming, specialized application, synthetic substances or medications.

Types of Patent Registration

• Ordinary application:This type of application is carried out when there are not any applications or references to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.
• Conventional application:If an inventor has already filed a patent in other country and now wishes to do the same, then this comes under conventional application. It is mandatory to file the application for Indian patent within 12 months of first filing it.
• PCT International application:PCT International application lets you, file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.
• PCT National phase application:You can file this application within 31 months from the international filing date.

Filing the patent application

To apply for the grant of patent, use form 1.

For provisional/complete specification use form 2.

For statement and undertaking under section 8 (used when patent application is already filed in country other than India), use form 3.

For declaration as to inventorship, use form 5

For start-ups and small entities, use form 28.

Patent filing

• Ideation: At this step, the inventor is required to pen down the idea or concept and properly mention the key details about the invention that needs to be patented.
• Visualization: Create a visual description of your idea in the form of diagrams that explain more about the invention.

Publication of patent application

The application filed with the patent office will be published in the official patent journal. This is done after 18 months of the filing of the patent. The inventor can use form 9 for early publication. In case, there is some restriction placed by the Indian Patent Act with regards to the publishing of the patent, it will not be published in the journal.

Examination

Examination process is done before the patent is granted and the application for examination has to be made in form 18. This process should not be delayed, as it is on first come first serve basis. After this application is filed, it is passed on to the patent officer who checks every condition according to the patent rules and regulation.

If there are any issues that needs to be addressed then, it will be communicated.

Issuance of Examination report

After the thorough search is conducted, then First Examination Report (FER) is filed in this case.

Grant of Patent

After the Patent Officer acknowledges the completion of all objections raised, then the patent is granted.

Eligibility for Patent Registration

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

• The true and first inventor.
• True and first inventor’s assignee.
• The representative of the deceased true and first inventor his / her assignee.
• According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
• In the case of a proprietorship firm, the application should be made in the proprietors’ name.
• In partnership firms, the names of all personally responsible partners must be included in the patent application.
• An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
• The applicant is required to disclose the name, address, and nationality of the true and first inventor.

Advantages of Patent Registration

A patent is a type of consolation for developments and creations. When the candidate is conceded the patent, they become the proprietor of the innovation or the thought.

Patent enrollment is fundamental for a business as the patent confines the contenders from replicating, selling, or bringing in the licensed innovation without consent. Along these lines, the patent holder can safeguard his patent privileges on the side of the current regulations.

Licenses can be sold as well as authorized prefer different types of property.

The designer can likewise move the patent possession.

A licensed item further develops the brand insight and possibly empowers the business to charge a premium.

With restrictive patent freedoms, the patent proprietor controls the utilization of the innovation for a considerable length of time and longer.

Worldwide Patent Protection Scheme, repayment of upto Rs.15 lakhs or half of absolute cost caused for MSME global patent documenting is given by the Government.

The following documents are required to get your patent registered:

• Patent application in form-1
• Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
• If complete specifications is not available, then provisional specifications.
• In the case of provisional specifications, then complete specification in form-2 within 12 months.
• Statement and undertaking under section-8 in form-3 (if applicable).
• If patent application is filed by patent agent, then power of authority in form-26.
• If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
• The source of geographical origin should also be included in the case of biological material used in the innovation.
• All the applications must bear the signature of the applicant/authorized person/Patent attorney.
• The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

Where to file a Patent Application

It’s filed at the appropriate patent office using Form-1 and a provisional/complete specification, along with the required fee. The following factors are used to determine a patent office’s jurisdiction –

• Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
• The place from where the invention originated.
• Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).

Mumbai Patent Office Jurisdiction

The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.

Delhi Patent Office Jurisdiction

The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.

Chennai Patent Office Jurisdiction

The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.

Kolkata Patent Office Jurisdiction

The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.