Patent Registration
- Innovation can be registered for a patent in India. A patent is a government-granted right that prevents others from manufacturing, using, selling, or importing the patented product or method without authority or authorization.
- Filing a patent application is the first step taken by an inventor to protect their invention from commercialization. The process of submitting a patent in India might take a long time, but with the appropriate guidance and assistance, it can be finished quickly. Anyone interested in obtaining a patent should consult with an expert patent attorney.
- Patent registration is only granted after extensive testing to verify whether the invention or originality of the product is also industrially useful. An individual can check the database of India’s intellectual property authorities to determine if an object or innovation is same or similar to the applicant’s work. However, patent registrations are not available for all innovations, and the invention must meet certain requirements to be granted a patent in India.
Advantages of patent registration:
- It keeps rivals distant since you have all the rights reserved for yourself.
- It also boosts your business profits because it allows the patent holder to charge a premium for the innovation.
- Patents are treated in the same way as other types of property. As a result, they can be licensed or sold.
- It makes it easier to acquire funding for your firm if you are willing to sell or license your patent.
- After the patent is registered, the inventor’s credibility will increase.
- The innovator will benefit greatly by selling the concept outright. It only pays a royalty of 5% or less, but it is extremely beneficial to those who have an idea but lack the financial resources to put the innovation to market themselves.
How to Obtain a Patent in India:
Step 1: Patent Search
To successfully seek a patent registration, you must guarantee that your innovation concept is original. A patent search will validate this, and the individual will also be able to avoid long processes.
Step 2: Patent application submissions
The most important component is the filing of a patent. The entire process specification is a specialist work that can only be completed effectively with the assistance of an expert. Drafting a patent application is an art, and it is best to obtain professional assistance. It is preferable to file a provisional patent application if the individual is still in the early phases of research and development.
Step 3: Creating a report on patentability
Following that, the patent specialists or agents will do a thorough study and create the patentability report. As a result, the applicant must include all of the required documentation with the patent application.
Step 4: Patent application publication
The patent application is published in the Patent Journal after 18 months. A request for early filing of the patent, along with the necessary fees, can be made.
Publication of a Previously Filed Patent
The Indian patent office maintains every patent application secret until it is formally published in the Patent Journal for patent registration in India.
The publication of a filed patent occurs automatically after 18 months after the filing of the applications, and no request is required.
Step 5: Patent Examining
A formal request for patent examination would be submitted within 48 months following the patent’s original filing. If the applicant fails to file within the specified time frame, the patent office will regard the application as withdrawn. The examiner then performs a thorough investigation and issues the initial examination report, known as patent prosecution.
Step 6: Patent objections
Because patent applications are subject to objections, it is necessary to evaluate the patent examination report and prepare an appropriate response to the objections.
Step 7: Grant of patent
The grant patent announcement will be published in the Patent Journal if all of the patentability conditions have been satisfied.
Documents required:
The following documents are necessary to register your patent:
- Form-1 patent application
- Evidence of the right to file a patent application. This evidence might be attached at the end of the application or included with it.
- If complete specifications are not available, interim specifications should be used.
- If the specifications are preliminary, they must be completed in form-2 within 12 months.
- Section-8 statement and undertaking in form-3 (if applicable).
- If a patent application is submitted by a patent agent, a power of authority in form-26 is required.
- If the application is for biological material, the applicant must obtain authorization from the National Biodiversity Authority before the patent is granted.
- In the event of biological material utilized in the innovation, the source of geographical origin must also be provided.
- All applications must carry the applicant’s/authorized person’s/Patent attorney’s signature.
- The applicant/agent must sign the final page of the complete/provisional specification. Including the sign in the bottom right corner of the sketching pages.
Why Corproots?
Corproots can help you with the entire process of patent registration in the easiest ways possible. Contact our experts at Corproots to get more information on the subject.