Patent Registration Process in India – Procedure, Requirements

The patent is the exclusive right granted by the State to the true and first inventor for his invention for a period of twenty years upon clear and complete disclosure of the invention. The patent grant excludes others from making, selling, or importing the patented product producing for those purposes.

Introduction 

The word patent originated from the Latin word ' patene, 'which means ' to open '. The English Crown had the practice of addressing open letters to all its subjects, notifying them of the grant of monopoly rights or privileges to individuals regarding inventions. A patent is a territorial right: the right to exclude others from making the same product, selling the product, and using the product is only applicable in the country where the entity has a patent, not in other jurisdictions. Hence, businesses that sell their products internationally usually file patent applications in multiple nations. 

What constitutes a patentable product?

What constitutes a patentable product?

A patent can only be obtained in respect of product and processes, not for services. In order to obtain a patent, the entire invention must be publicly disclosed. In order to be patentable, an invention must meet three requirements: 

  • Novelty
  • Inventive step
  • Industrial application

Who can apply for a patent?

The Patents Act,1970 states that an application for a patent for an invention may be made by -

  • The inventor (s) - An inventor is typically someone who has invented something that requires a patent or has significantly contributed to such an invention.

  • His assignee - an assignee can be a natural person or a registered company, research organization, an educational institute, or Government. A "Proof of Right" to apply for a patent on behalf of the inventor should be submitted by the assignee, or

  • Legal Representative - A legal representative essentially means a person who shall represent the estate of a deceased person in the law. They shall file a death certificate or something else as Proof of Right in such a case.

  • Patent Agent - A patent agent is a person who has expertise in filing an application along with prosecution on behalf of the client. The role of a patent agent revolves around the prosecution of a patent. 

What is the procedure of registration of a patent application in India?

Stage 1: Check to assume that your development is patentable.
Before you start the patent enrollment process, you want to check on the off chance that your creation is patentable. This implies that you really want to check to assume another individual has documented a patent for a comparative innovation for which you are recording. Playing out an inside and out patentability search assists you with getting whether or not you get an opportunity of getting a patent. While this progression is discretionary, it can save time and assist you with getting whether or not you should petition for a patent in any case.

Stage 2:  Draft the patent application
You can now start the patent application process. Indian candidates need to fill in Indian Patent Application Form 1. You have to compulsorily give a Form 2 patent detail for each patent in your document. You can pick either a temporary or complete patent application in light of the development phase. This implies that assuming you are as yet testing your innovation, you really want to apply for a temporary patent application. You get a time of a year to finish the development and document for a total patent.

You want to really focus when you are drafting your patent application. Your patent application ought to incorporate statements like the ease of use and result of the development exhaustively. Likewise, you ought to incorporate the essential conditions, including your goal to permit your creation and keep rivalry from utilizing and accordingly benefitting from your development. Guarantee alert while drafting your patent application, be careful and incorporate provisions that keep the opposition from utilizing your innovation.

Stage 3: Filing the patent application:
Your patent application should be submitted with a few application structures. According to the patent recording system in India, you really want to present all of the beneath referenced structures. Connections to all structures and a relevant expense is http://www.ipindia.nic.in/structure and-fees.htm

Structure 1 - Application for patent award
Structure 2 - Patent detail structure (temporary or complete)
Structure 3 - Undertaking and explanation for unfamiliar applications under segment 8 (required uniquely on the off chance that a comparing application for patent is documented in an outside country)
Structure 5 - Declaration of development to be documented with complete application
Structure 26 - Form approving patent specialist (appropriate provided that you choose a specialist to assist with recording the patent)
Structure 28 - Mandatory provided that candidate is asserting little element or start-up status
Need Documents - You really want to give need records provided that need is being guaranteed from an unfamiliar patent case or application.

Stage 4: Publishing the patent application
After you present every one of the archives, the patent application is securely gotten by the Indian Patent Office. The patent is then distributed in an authority patent diary following a time of year and a half roughly. Designers who wish to have their patent application distributed before this multi-month time span can submit Form 9. This is a programmed interaction, yet assuming that a creator wishes to have his application distributed before, he wants to submit Form 9 (early distribution demand), in which case, the application will be distributed in the authority patent diary within multi-month of making the solicitation. Be that as it may, there are certain situations where your patent application may not be distributed. These incorporate deficient applications, withdrawal demands made by the singular documenting the patent, and mystery course forced under Patent Act wherein the innovation is against the country's advantages.

Stage 5: Examining the patent application
Before your patent is conceded, one should inspect it meaningfully. A patent is entirely analyzed on the benefits of creation as guaranteed and depicted in the patent detail structure. Unlike the distribution cycle, this is anything but a programmed interaction. The candidate needs to make a solicitation to look at their patent application by submitting Form 18. The patent office lines the application for assessment solely after a proper solicitation for assessment is made. Likewise, you can speed up this cycle by filling out and submitting Form 18 (A).

The patent analyst is committed to following a couple of steps of his/her own while analyzing your application. They are as under

When the application lands on the analyst's work area, it is investigated by the Patent Act and basic guidelines.
The patent analyst looks for comparable innovations to guarantee the development fulfills patentability standards.
After looking into the application, a first assessment report (FER) is submitted in which reasons for protests, if any, are additionally expressed.
The analyst records his protests exhaustively. This can additionally expand the application interaction by another 6-9 months. Note that inspector protests are very normal if there should be an occurrence of licenses.
Assuming the creator needs to make changes to his/her complaint, he/she can document a solicitation for time expansion by submitting Form 4.

Stage 6 - Decision to give patent
When the inspector observes no protests in the patent application, he gives the patent. The patent is then distributed in the authority patent paper.

Stage 7:  Renewing the Patent
Likewise, the patent holder needs to recharge his patent by paying a yearly reestablishment expense. In India, it is feasible to restore your patent for a time of 20 years at greatest, from the date the patent was first documented.

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