Patent Registration in India

by IP And Legal Filings IP Law Firm in India

The importance of intellectual property has always grown in our technology-driven culture. For a company, patents are a valuable asset. Therefore, an organization's patenting operations may be used to gauge its level of innovation. The corporation becomes increasingly demanding as patents increase in both quantity and quality. The lengthy process of granting a patent involves several reviews of the invention's uniqueness, non-obviousness, and industrial usefulness.

In India, there is a patenting system that gives the owner ownership of the intellectual property. The Patents Act of 1970 and the Patent Rules of 1972 in India control this patenting system, which is awarded by the Indian Patent Office. A government-issued patent grants an inventor the sole authority to produce, make use of, and sell his creation. This exclusive right is granted for a brief period of 20 years from the filing date. The main goal is to preserve developed inventions and thus promote further advancements.

Anyone other than the owner is prohibited from creating, processing, producing, selling, or importing their goods into India under this legal right. It is possible, but only with the owner's written consent. It is an offence to do so without his knowledge or consent.

A patent registration keeps the credit for your creation or intellectual property with you and aids in preventing its usage by others. Others won't be able to use it in any manner without your consent. Your lawfully awarded patent may be sold, transferred, or franchised if it is registered. You'll be able to increase your revenue as a result. Your idea will be protected against unauthorised use or credit tampering under the Patent Act for approximately 20 years.

Patent registration procedure

According to the Patents Act of 1970, the procedure for registering a patent involves submitting an application to the appropriate body. An inventor will enjoy a monopoly on his invention with patent registration. In order to prevent any infringement-related conflicts in the future, a patent registration application should be submitted.

The following factors need to be taken into consideration for patent registration in India:

Patent Search: A patent search is carried out with the intention of determining the nonobviousness of an invention prior to applying for patent registration in India. To find out about existing innovations that are related to your proposed patent, Enterslice can carry out a patent search on your behalf. On the other hand, your concept cannot receive a patent if there is already a registered patent on the subject. Through the drawn-out registration procedure, the applicant is assisted by a patent search. If there is an existing patent that is comparable to your idea, you can skip the next procedures.

Patent Domicile: Patents registered in India are only valid there. Your innovation is only protected by a patent registration in India and not in any other nation. On the other hand, you can also defend your innovation abroad. Each nation must receive a separate patent registration application for this reason.

Application for Patent Registration: An application is submitted to the intellectual property department with essential information about the innovation in order to obtain a patent.

Review of Patent Registration Application: The Indian government's patent office will undertake a comprehensive review after receiving a patent application to see whether a patent already exists on a concept that is comparable. The patent will be awarded nonetheless, provided the invention is original and complies with the requirements for a patentable invention.

Patent Grant: The application status will be reported online on the websites of the Department of Industrial Policy & Promotion, the Ministry of Commerce & Industry, and the Government of India when the patent registration application has been verified. A patent certificate can be granted in about a year.