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Patent Registration


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Online Patent Registration Starts at Rs. 4897.00 / -
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About Patent Registration

A patent is a legal right granted to inventors that enables them to exclude others from making, using, selling, or importing their invention for a limited period, typically 20 years from the filing date. Patent registration is the formal process through which inventors or assignees obtain this exclusive right from the government or a relevant patent office. It serves as a powerful tool for incentivizing innovation, promoting technological progress, and fostering economic growth.

In a world driven by innovation and technological advancement, protecting intellectual property rights is paramount for fostering creativity and encouraging investment in research and development. Patent registration stands as a cornerstone of this protection, offering inventors exclusive rights to their inventions and providing a framework for innovation-driven growth. In this blog post, we'll explore the significance of patent registration, its benefits, and the essential steps involved in securing this vital protection for your inventions.

Advantages

Patent protects invention

It an intellectual property which protects your invention and prevents other to use it without your prior permission.

Sell or transfer patent right

Registration of patent allows you sell, transfer or franchise your patent. This will help you to raise more revenue.

Patent valid for 20 years

Your invention gets protection for a particular period which helps you to protect your invention.

Market Differentiation and Branding

Patents serve as a badge of innovation and differentiation, signaling to consumers, investors, and competitors that your product or technology is unique and innovative. This branding effect can enhance market visibility, attract investment, and build brand reputation over time.

Legal Protection and Enforcement

Patent registration provides inventors with a robust legal framework for protecting their intellectual property rights.

Licensing and Commercialization Opportunities

Patents can be licensed, sold, or used as collateral to secure funding or investment for further research and development.

Reason

  • Get royalty by licensing your patent.
  • Protection for a period of 20 years in India.
  • You can then utilize your invention yourself.
  • Stop others from using your invention without your permission.

DOCUMENTS REQUIRED FOR REGISTRATION

  • Patent Application Form : Complete the prescribed patent application form provided by the relevant patent office or authority. This form typically includes details such as the applicant's information, title of the invention, and a description of the invention.
  • Specification of the Invention : Provide a detailed specification of the invention, including technical descriptions, drawings, diagrams, and any other supporting materials necessary to illustrate the invention's functionality and utility.
  • Claims : Draft patent claims that define the scope of protection sought for the invention. These claims delineate the specific features and elements of the invention that are considered novel and inventive compared to existing technologies.
  • Abstract : Include an abstract summarizing the key features and aspects of the invention. The abstract provides a concise overview of the invention's technical significance and potential applications.
  • Drawings and Illustrations : Submit drawings, diagrams, or other visual representations of the invention to supplement the written description. These drawings help clarify the invention's structure, function, and operation.
  • Proof of Inventorship : Provide evidence of inventorship, such as laboratory notebooks, research papers, or other documentation demonstrating the origin and development of the invention.
  • Any Additional Supporting Documents : Depending on the specific requirements of the patent office or authority, you may need to provide additional documents or information. This could include declarations, affidavits, or any other supporting paperwork.
  • Patent Assignment : If the inventor is not the sole owner of the invention, include documents such as patent assignment agreements or employment contracts establishing ownership rights and consent to file the patent application.
  • Prior Art Search Results : Conduct a prior art search to identify existing technologies or inventions related to the subject matter of your invention. Include a report summarizing the search results and any relevant references found.
  • Power of Attorney : If you're represented by a patent attorney or agent, provide a power of attorney document authorizing them to act on your behalf in patent matters.
  • Payment of Fees : Pay the prescribed patent application fees and provide proof of payment along with the application. Fees may vary depending on the jurisdiction and the type of patent application.

Steps Required for TRADEMARK registration

Conduct a Patent Search :Before filing a patent application, conduct a thorough search to ensure that your invention is novel, non-obvious, and not already patented or in the public domain. This helps avoid unnecessary costs and delays in the patenting process.

Prepare and Draft the Patent Application :Draft a detailed patent application that describes the invention, its technical features, and its novelty compared to existing technologies. Include drawings, diagrams, and any other supporting materials to illustrate the invention's functionality and utility.

File the Patent Application:Submit the patent application to the relevant patent office or authority in your jurisdiction. Pay the required filing fees and provide all necessary documentation, including the patent specification, claims, abstract, and any other required forms.

Examination and Prosecution :The patent office will examine the patent application to determine its patentability and compliance with legal requirements. This may involve correspondence with patent examiners, responding to office actions, and making amendments to the application as necessary.

Publication and Grant :If the patent application meets all requirements and is deemed patentable, the patent office will publish the application and grant the patent. The patent holder will receive a patent certificate, confirming their exclusive rights to the invention for the duration of the patent term.

Criteria For Filling A Patent

Novelty

Some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.

Inventive Step/Non Obvious

If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.

Industrial Applicability

Invention should be useful, such that it can be used in an industry.

Process

Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly.

Frequently Asked Questions

It can be any invention related to work, manufacturing, the machine, process, computer software or any other which was never introduced to the public before.
If a patent is granted in India does it mean that it will protect my invention outside India as well?
A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.

To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.

Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.

No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.

This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.

For a software to be patented it must fulfill the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.

Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.

Yes, you could search easily at portal. But it requires the expert consultation to search for a patent. They can help you with the filing with more accuracy. So it is always advised to consult experts while patent search or registration in India.

Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.

Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under public domain.

An applicant should make a request for a hearing in of the application at least 10 days before the expiry of the statutory period. If he fails to do so, then the controller may not provide the opportunity of being heard before refusing his application.

  • To obtain patent you have to first apply for a patent.
  • Fill patent application form/apply for patent
  • Patent Check
  • Patent a Name
  • Documentation
  • Patent Submission

After done with patent procedure you can simply get the patent of your idea.

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