A patent acts as both a right and a source of motivation for the innovator who gets protection for his unique creation. Grant of a patent adds further recognition to a brand and increases the value of the business. But obtaining patent protection is not an easy ride.
Thorough research is mandatory before initiating the patent registration process. This article can assist in understanding some mandatory requirements before making patent registration in India.
A BRIEF CHECKLIST TO BE COVERED BEFORE FILING PATENT REGISTRATION:
Check whether the idea is novel or not.
The initial step to be considered before patent registration in India is to check whether the idea/ invention is Novel and non-obvious. Indian patent search system will allow the applicant to know more about the novelty of the idea/invention. If the idea/invention is not unique, it can cause a significant loss to the inventor.
Check the market for the invention.
Not just patents but a different form of intellectual property (IP) can sometimes be more beneficial to protect the condition of intellectual property (IP). One such example is protection as a “trade secret”, which is often used to safeguard the reverse-engineering of recipes such as soft drinks and seasoning blends. A professional agent or attorney can advise a suitable form of IP protection.
Avoid Disclosure of innovation before filing a patent application.
The creation information must be protected, which, if kept loosely, can cause risk and loss to the business. It is advisable to make public disclosure after applying for a patent.
Examine other basic details
Before getting started with the cumbersome process of obtaining protection against innovation; it is mandatory to consider some additional information such as in whose name the application has to be filed, who is the actual owner of the invention, the individual inventor, the company, or a group of individuals.
Also, consider all costs that have already been incurred for developing the idea, which will be incurred in the future to introduce the concept in the market.
DOCUMENTS MANDATORY FOR PATENT REGISTRATION IN INDIA:
Application form (must be in Duplicate-Form 1).
Specification as provisional or complete. In case, the provisional specification is filed, within 12 months, the complete specification must be filed (in duplicate).
Drawing, if necessary (in duplicate).
Abstract of the invention (in duplicate).
Information regarding the foreign patent applications (in duplicate)
If the applicant claims the priority date, provide a Priority document.
Power of attorney authorising Patent Agent.
Requisite Statutory fees (by cheque/ DD)
Patent registration in India and Patent search is an intricate process involving several technicalities, which the applicants must follow. The detailed procedure for filing a patent application can also be obtained through the manual of practice & procedures published by the Office of the Controller General of Patents, Designs & Trademarks.
Further, the applicant can contact a patent attorney who can assist in making the patent application in compliance with requisite laws, rules, and procedures.