Patent Registration

What is Patent Registration?

A patent registration gives right that is granted to the inventor by the federal government that permits the inventor to exclude others from selling, making or using the invention for a limited period of time. In other words, it is a process to file an application in order to register your invention under the patent Act. It is considered as a monopoly right granted by the government that excludes the others from using, making, selling or importing the patented product or process without prior approval. The patent system is designed to encourage the inventions that are unique and useful to society.

A patent is a form of intellectual property that gives the inventor exclusive rights over his inventions. This means that other individuals, firms or organizations cannot use, sell, import or export a particular invention over a particular period of time, under a public disclosure agreement of the particular invention. In most of the countries, patents fall under civil law, but you must note that getting a patent is not an easy task as it offers the highest level of protection. Some of the unique quality of patent includes:

1. Novelty: Novelty is a simple term refers to the "anticipation" that means the patent for which you are registering must not already exist in the market. The absence of novelty must be defined by factors such as public knowledge of the patent, public use of the patent, prior publication of the patent's knowledge and also includes commercialized products and selection inventions.

2. Usefulness: Usefulness of the patent means, it must be a process, medicine, invention or any product which comes into the use of the general public or even in the use of corporates in any possible way. All the patents that have been filed either have to be used in the industries or the use of the general public.

3. Non-obviousness: It means that a patent must be unique and shall not be something that is known to the general public. It must represent something that has not been created or discovered.

These three qualities which are mentioned above are necessary for the patent to get registered. You must have noticed once the patent gets expired it is very difficult to get it renewed. Patent can only be renewed by an act of parliament under very rare circumstances. Patent can also be extended for a few years under rare circumstances.

Benefits of patent filing in India

1. Exclusive access to all the rights:

The first step of patent registration is patent filing. It offers a remarkable advantage to the inventor. As soon as the company is filed as a provisional application, then the inventor is provided with the security and surety that no one could claim the same invention under the period of 12 months, after which a non-provisional application has to be filed with complete claim and description. In case any person tries to claim the invention as theirs then the request made by him is simply rejected for the filing period.

2. Higher Return on investment (ROI):

If the inventor gets bored with his invention, or wants to hand it over to the more successful organization, or do not see any future scope then he can commercialize the invention by keeping its exclusive rights and earning a good amount of investment returns from it.

3. Good Market status:

By disclosing the invention in public openly, the established quality of your product and services are known by everyone through the trademark. It also establishes trust and goodwill among the customers in the market. It also helps in creating permanent customers who always opt for the same brand.

4. Authorizing complete freedom to change

Once the patent is granted, it will provide the inventor the complete right to do anything with his invention for the valid period of time i.e. 20 years. No person, business or an organization is allowed to use, sell or make any modification to the original invention without the permission of the inventor within the time allotted. If anyone tries to do so he/she will be considered as an unauthorized party and will be considered as a case of infringement which is a criminal offense.

Steps for Patent filing

1. Patent search process

2. Patent Drafting Process

3. Online patent filing

4. Patent publication

5. Patent verification Request

6. Issuance of verification Report

7. Issue of Patent certificate

Document required for patent filing

  • Declaration as to inventorship

  • Statement and undertaking

  • Proof of right to make an application

  • Authorization of an agent

Resolve your Queries

1. What is a Patent?

A patent is a statutory right for an invention granted for a particular period of time to the patentee by the government, in return of full disclosure of his invention excluding others from making, selling, using and importing the patented product or the process of producing the product without his consent.

2. Can a patent be transferred?

A patent can be transferred by the way of assignment or license. The assignment will help to transfer the ownership of the patent whereas the license will help to transfer the rights attached to the patent.

3. What is the use of a patent?

A patent protects the invention from being infringed upon by the third person. However, getting a patent implies that the inventor has the exclusive right to use the invention. This means that the inventor can gain revenue from the use of the invention. It also enables the inventor to make changes and better the invention.

4. To whom the patent granted if two people work on the invention together?

If two people work on an invention together and are joint inventors, then the patent will be issued to them jointly. If one person has provided all the ideas of invention and the other only followed the instruction then the person who provided all the ideas is the sole inventor.

5. What is the procedure to apply for a patent?

The procedure to apply for patent begins with submitting the application. Along with the application you need to submit complete specifications about the invention. Once you have submitted provisional specifications, you will be given a period of 12 months to submit the complete specification. After the examination, the report will be given and will be published in the patent journal for objection. If no objection is made within 6 months, then the patent will be granted.

6. For how long the protection will be provided?

Patent protection is not permanent it is for a limited period of time i.e. for 20 years.

7. What is prior art?

Prior art is all the information including patents, journal, published the patent application, or any form made available to the public before the date of invention.

8. What is the priority date?

The date for filing the patent application is the priority date for that application.

9. What are the criteria for patentability?

An invention is said to be a patentable subject matter if it meets the following criteria:

Should be Novel

Should be capable of Industrial application

Should have inventive step

Should not attract section 3 and section 4 provisions of the patent act, 1970.

10. Who grants the patent?

A patent will be granted by the controller of patents in the Indian patent office.

Quick Enquiry