Articles

Patent Registration in India: Online Process, Documents Requirement

by Swarit Advisors Financial Service Consultant

Patents are considered a significant property of the patent owner. It gives him a legal right to protect his invention from being copied, stolen, made or sold. Before obtaining a Patent, it is essential to get it registered and an easy way to do it is online patent registration. After successful registration, the individual will acquire a patent that will keep his invention or product secure.

Why get a Patent Registration?

An Individuals must get a patent because it serves beneficial in many ways. It not only protects and guards the owner’s invention but also proves to be advantageous in the following ways:

·        Promotes innovation: A patent encourages the patent owner to create new products as he is not worried about his ideas being copied by a third party. The patent owners are also given awards and appreciation for their work which further boosts their creativity.

·        Boosts investment and economic growth: It helps the company/ organization to grow with the help of capitalization in the market of the inventions. Patents intensify the economic growth of the national industry as the local companies that hold patents will attract foreign investments and develop products for export purposes. Also, the profits received because of patent exploitation can further be used for the research and development of new projects.

·        Optimal utilization of sharing of knowledge and resources: Patents can also contribute to the growth of society. One way this can be achieved is by making the details of the patented invention public instead of keeping it confidential. 

Some other benefits of Patent Registration are:

·        The inventor can own the invention for a duration of 20 years.

·        It helps in excluding everybody else from using an idea and claiming as his own, selling or importing an invention.

·        The invention can be utilized to build a business.

·        The patent can be easily sold to another country.

·        It helps in raising capital for the business.

·        Patent rights can be licensed for the purpose of receiving royalty payments.

·        It gives the patent holders' monopoly and competitive advantage.

How to Register a Patent in India?

Patents can be registered in two ways, by filing an online application, by physically filing an application and submitting it.

 

Below mentioned are the steps necessary for a successful online patent registration process:

·        Before filing an online application (E-filing), the applicant must obtain a digital signature.

·        The application must enter his login details such as a login ID and password on the Patent Registration office portal.

·        After receiving the application, the office provides a date and serial number to it.

·        All the documents along with the application must be digitalized, validated and uploaded to the internal server of the office.

·        Once the application is filed, the controller then evaluates the application and ensures if the application and other documents are fulfilling all the requirements that is mentioned in the act.

·        If the application and the documents are all approved, a Patent will be granted to the applicant to the applicant.

The steps involved in the usual process of Patent Registration are as follows:

·        Inquiry of a patent: The first and foremost step in the process of Patent Registration is to ensure that there isn’t any patent already registered with a similar invention. The company where the applicant applies for a patent conducts a patent search in order to figure out and enquire about the same.

 

·        Filing of a patent: Once the patent search procedure has been conducted and similarities have not been found, the inventor then can file an application for patent registration. Some important details that must be included in the application are significant specifics about the invention, a legal document mentioning all the scientific details regarding patent rights.

 

·        Providing Provisional specifications: This is a type of patent application that needs to be filed by the inventor in the initial stage while filing an application for patent registration. Providing provisional specifications is important for inventors that have similar inventions. The applicant that filed for a provisional application first gets more priority.

·        Complete specification: The inventor has to then provide complete specifications about the invention within 12 months from the date of filing for provisional specifications. If the patentee does not submit the complete specification with the prescribed time, his invention will be discarded.

·        Patent domicile: Patent registration that is done in India will only be valid in the country. If the investor wants to protect his invention in other countries, he needs to file for another application.

·        Patent application submission: The patent application is submitted along with all the important documents.

·        Publication of patent: After the submission of the patent, the patent will be published in the patent journal.

·        Examination of the patent registration application: The patent office of the India Government then inspects the patent application and ensures the invention is unique and not similar to an existing patent.

·        Receiving a certificate of patent registration: After all the evaluation and inspection, a certificate of the patent will be issued to the patentee.

Documents required for Patent Registration Application

·        An application must be filed for patent registration in Form-1.

·        All specifications are then provided in Form-2. Filling up Form -2 is not mandatory, if the applicant does not fill that, he needs to submit the provisional specifications.

·        The next step is the preparation of the statement, undertakings, and Form-3.

·        Form-5 is the next form that is prepared. This form is a declaration that is prepared by the inventor.

·        The inventor has to present a proof that he is the inventor of the invention in order to showcase the right to file the Patent registration application.

·        Form-26 has to be filed if the application of the patent registration is filed by the A patent agent or patent attorney

·        The next step is to file the priority documents in addition to the application, the duration of which is within 18 months from the priority date if in case the applicant is filing the convention application or PCT national phase application.

·        If the application is related to any biological matter acquired in India, then the applicant must provide a permission certificate issued by the National Biodiversity Authority.

·        Specifying a source of origin of the biological material that is used in the invention is absolutely important.

·        Lastly, the applicant and the patent attorney must sign the application of patent registration.

What are the types of Patents?

Patents are categorized into six different types issued by the United States Patent and Trademark Office (USPTO).

Utility patents-Utility: patent is a type of patent provided to the person who invents a new and innovative process.

Design patents: Protection provided on the new, original design of a manufactured product. A design patent is valid for duration of 14 years. Some examples of design patents are designs on Jewelry, Furniture designs, Automobiles designed in different ways, packaging, brand logo, etc.

Plant patents: Plant patents are given to the individuals who invent and produce a plant that has the potential to reproduce. 

What are the types of a patent application?

·        Provisional Application

·        Complete Application

·        Convention Application

·        PCT International Application

·        PCT National Phase Application

Provisional Application

Provisional application is a temporary application that takes place in the initial stages of research and development of the idea or invention. This provides 12 months of time to file a detailed description of the invention. This application is abandoned after the completion of 12 months.

Complete Application

This type of application contains detailed descriptions and claims. It can be directly filed if the invention is complete in every aspect.

Convention Application

This application is utilized in order to obtain a priority date in case of any other application has already been filed with regards to a similar invention in any other convention country. Within twelve months from the date of the first application that is filed by the individual in the convention country, the applicant must file an application to acquire the convention status.

PCT International Application

This relates to the international agreement for patent application filing purposes. PCT stands for Patent Cooperation Treaty (PCT).

PCT National Phase Application

An international application can convert into the national phase within 31 months from the international filing date. It must be filed and submitted to the controller in the Indian patent office claiming the priority. Under PCT filing, the date of application must be the international filing date.

Who can file for Patent Registration?

·        Any individual that proves to be a first inventor of the invention.

·        Any individual, as the assignee of the person, claims that the individual is the first inventor of the invention and wishes to file for a patent application.

·        A legal representative of any deceased person who was eligible to file for a patent application.

What are the elements of Patentability?

·        Novelty: The quality of being new, original and unusual

·        Industrial Applicability: Non-obvious to the person skilled in that art

Industrial Applicability: Can be made /used or reproduced


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About Swarit Advisors Junior   Financial Service Consultant

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Joined APSense since, December 24th, 2019, From Noida, India.

Created on Mar 3rd 2020 03:49. Viewed 327 times.

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