Permanent Patent

Overview of Patent Registration

The patent is an Intellectual property that provides its owner exclusive right to exclude others from using, selling, importing, or creating the invention for a restricted period without prior permission of the owner.

The Patent Act, 1970 govern the registration and protection of Patent in India. The Patent protects for Novel and original inventions similar to machines, processes, manufacture, the composition of matter, and its improvement.

Once the patent application is filed and the patent is granted then she becomes the exclusive owner of the invention.

Who is eligible to file an application for Patent?

The Patent application will be filed by any individual or business enterprise who or which either be true and the first inventor or by the assignee of the inventor.

In case the inventor is deceased then legal representative of an inventor may apply. This application can be file either alone or together with any other person.

Minimum Requirement to get Patent Registered

Patent registrations do not apply to all inventions, and the invention must satisfy certain criteria to be patentable in India.in other words, a Patent is granted by the government if the invention fulfills the following requirements:

• NOVELTY: The innovation must be new. One cannot patent an invention that is already available publically.
• NON-OBVIOUS: This means that the product or process must be inventive it should not be obvious to a skilled person if so it is not patentable.
• UTILITY: The new product, process or invention must be useful which it must apply to or applicable in the industrial process.

Patent Registration Process in India

STEP 1: CHECK PATENTABILITY- The registration process of Patent started with the Patent search. Check that the invention is not already registered (published) to verify its patentability. It should be patentable as per the Patent Act, 1970.
Essential conditions to meet patentability:
NOVELTY: The innovation must be new. One cannot patent an invention that is already available publically.
NON-OBVIOUS: This means that the product or process must be inventive it should not be obvious to a skilled person if so it is not patentable.
UTILITY: The new product, process or invention must be useful which it must apply to or applicable in the industrial process.

STEP 2: DRAFTING PATENT APPLICATION: There are two types of patent applications first one is the Provisional Patent application and the second one is Complete Patent Application. For every Patent application, there is compulsorily required to file Form 2 that is for a Patent specification. While drafting Patent application following clauses should be included:
i. Usability and nature of invention.
ii. Description of invention in detail.
iii. Describe the future scope and function of invention
iv. Title of invention
v. Problem solving technique by invention
vi. Abstract of invention
vii. Novel feature of invention
viii. Elements like diagram which explain the invention

STEP 3: FILING OF PATENT APPLICATION- Application for Patent can be filed by self or through Patent Agent (Professional). Along with the patent application, the following is required to be filed.
• Patent specification,
• Declaration of inventorship, v • Power of Attorney to authorize Patent Agent (in case Agent appointed)
• Statement & undertaking

STEP 4: PUBLICATION OF PATENT APPLICATION- After 18 months of filing patent application the application is published in an official Patent Journal.
If anyone wants to publish his/its application before this 18 months period then he is required to submit the prescribed form along with the prescribed fees for the early publication

STEP 5: EXAMINATION OF PATENT APPLICATION- For examination of the patent application, the applicant is required to make a request for it in the form prescribed. After that, the application is thoroughly examined by the examiner.
The request for examination should be filed within 48 months of filing the patent application and If not filed within the prescribed time limit then the application shall be treated as withdrawn.

STEP 6: REPORT BY EXAMINER- The report of examination of patent is prepared by examiner who submits it to the controller. The controller is then analyse the report and check for any objection.
If any objection arises then time will be provided by him to applicant to resolve it.

STEP 7: GRANT OF PATENT- Once all the requirements for patent are fulfilled the patent is then granted to the applicant. And the same is published in the Patent Journal.

Jurisdiction of a Patent Office

The offices for patent filing in India are spread across major cities like Mumbai, Chennai, Kolkata and Delhi.

Jurisdiction of a patent office are the following:

Forms for Patent Application

There are certain forms which are required to be filed for the purpose of patent application, these includes following:

• Form 1: Application for grant of Patent.
• Form 2: Patent specification.
• Form 3 – Statement and Undertaking Under Section 8
• Form 5: Declaration of inventorship.
• Form 9 – Request for early Publication
• Form 18 – Request for Examination of Application for Patent
• Form 26: Authorising Patent Agent.

Document Required for Patent Registration

Following documents are required to be filed for patent application:

• Applicant's identity and address proof
• Inventors’ identity and address proof
• Description, claims, abstract and drawings, if any
• Details of all corresponding foreign applications, including application number, date of filing.

Term of Protection (Validity)

The Patent once granted by authority is valid for 20 years from the date filing application for patent.

Advantages of Patent

• EXCLUSIVE RIGHT: The holder of the patent enjoys the exclusive right to stop others from using, selling, importing, or manufacturing his invention without his permission.
• SOURCE OF INCOME: The Patent rights can be licensed for royalty or can be sold out to third party which can be proved to be source of income generation for patent holder.
• DURATION OF PROTECTION: Once the patent is granted by patent office it is valid for 20 years from the date of filing application that means for 20 years no one can use, sell, or import the patent.
• • A patent can be helpful to build a business of the patent holder and increases the revenue
• It gives the inventor a competitive advantage over its rival .

Government Fees for Patent Application

Fees for application of Patent (Form 1 fee)
o In case of e-filing

o In case of Physical filing

Form 9 – Request for early Publication
o In case of e-filing

o In case of Physical filing

Fees for request of examination (Form 18 fee)
o In case of e-filing

o In case of Physical filing