Patent

Patent Registration

Overview

A patent is a process which protects an invention and provides to the owner the exclusive rights to use his/her invention for a limited period of time without any hindrance. The objective of a patent is to provide protection for inventions. It gives an award for the disclosure of the creation of something new as well as for the further development, or refinement, of existing technologies.

Characterstics of Patent Registration

It relates to the manner of manufacture
Novelty
Invention should be the result of an inventive activity
It should have utility
It should not be contrary to law and morality

Advantages

  • It gives you the right to stop others from manufacturing, selling or importing your invention.
  • You can get protection for a pre-determined period.
  • Patents can be licensed for others to use it or you can sell it which is an important source of revenue for your business.

Disadvantages

  • Your patent application means technical information about your invention publicly available.
  • Applying for a patent can be a very time-consuming and lengthy process (typically three to four years) - markets may change or technology may overtake your invention by the time you get a patent.
  • It will cost you money whether you are successful or not - the application, searches for existing patents and a patent attorney's fees can all contribute to a reasonable outlay. The potential for making a profit should outweigh the time, effort and money it takes to get and maintain a patent. Not all patents have financial value.
To check the patentability of the invention

Before filing a patent application in India, we should do the detailed patentability search to determine whether a patent for it will be available or not.

To draft patent application

After completion of the search, next step is to prepare an application form in form 1. Application must have complete patent specification according to form 2 where one has to provide the complete or provisional specification depending upon the state of the invention. A patent draft will also be required to be submitted along with the application.

Publication of patent application

Third step is Patent application to be filed with the patent office and then it will be published in the official patent journal. This is done after 18 months of filing the application.

Examining of patent application

Now the patent officers will examine every application filed for protection before a patent is finally granted. Examination is done under form 18.

Grant of patent

The patent is granted when all the objections raised by the officer are resolved.

No other common registration

The registration process is same as mentioned in the registration section.

FAQS

Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34).
As prescribed by Indian Patent Act, an invention is patentable subject matter if it meets the following criteria - i) It should be novel. ii) It should have inventive step or it must be non-obvious iii) It should be capable of Industrial application. iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.
An invention which is new, involves inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.
As stated by WIPO, “Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention”.
In India, patents are governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003.
Ordinarily, under the following circumstances, it is not necessary to obtain prior permission from the Patent Office to file patent application abroad: (a) Applicant is not Indian resident and invention is originated abroad about. (b) If the applicant is Indian resident and filed patent application has been in India before filing the application outside India and six weeks period is over from that date. (c) The invention does not belong to Atomic Energy or defence purpose.
A patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination in Form 18 either from the applicant or from third party or Form 18A for expedited examination (under conditions as prescribed in the Rules).

List of Documents

  • Statement and undertaking
  • Proof of right to make an application
  • The authorization of agent
  • Declaration as to inventorship

Pricing Plan

SILVER ₹89899
One Time

  • Complete specifications registration of design and medical patents (non- provisional) with the Indian Patent Office
  • Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by Onfiling expert.
  • Inclusive of government fees and GST
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Get Plan

GOLD ₹99899
One Time

  • Complete specifications registration of device, design or medical patents (non- provisional) with the Indian Patent Office.
  • Invention description and drawings/ illustrations to be provided by the client.
  • Inclusive of government fees and GST.
  • Abstract and claims specifications will be drafted by Onfiling expert.
  • Inclusive of examination report.
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Get Plan

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