Patent Registration in India
A patent is an exclusive right in India granted by the government only to certain inventions, which may be a procedure or a product which may provide a new way of doing things or may provide a technical solution to a very difficult problem. Patent registration in India is governed by the Patents Act, 1970, and the Patents Rules, 2003.
This article by Blacktie Legal Services India LLP explores the formation, eligibility, benefits and documents required for patent registration in India. Understanding all these aspects can help investors protect their innovations, obtain legal protection, and profit from their inventions as a business.
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What is a Patent ?
Patents are an important aspect of the functioning of intellectual property law, which is providing the patent holder with an exclusive right to his invention for a specific time period. If we look at the overall survey of India, usually the patent is valid for 20 years from the date of filing.This type of exclusivity allows inventors full permission to prevent others from making, selling, using, and distributing their patented invention.
History of patent law in India
The concept of patent in India dates back to the colonial period, in which the first Indian patent law was made with the help of the British in 1856 and the entire law was based only on British law.
This patent law has evolved significantly in the few years since its inception, the current governing law is the Patent Act of 1970, which has needed to be amended several times to comply with all international standards.
Benefits of patent registration
There are total 5 benefits of patent registration in India which are described very well:
Exclusive Rights: A patent provides an inventor with an exclusive right to his invention, preventing anyone from using or making or selling the patented product without permission.
Competitive Edge: Having a patented invention gives you global progress in Market Place because the patent can completely prevent competitors from using similar technologies.
Revenue Generation: Patents are very helpful in generating revenue as a license can be granted to the patent holder which provides a source of revenue to the patent owner through the license and thus many companies earn a significant income through licensing agreements.
Increased Valuation: Having a patent portfolio for businesses and startups can help in improving company valuation and attracting foreign investors to your business.
Legal Protection: With the help of the government, it is possible to provide legal protection against patent infringement. The patent holder is also permitted to take legal action against unauthorized use of his invention.
Documents Required for Patent Registration in India
There are many valid documents required for patent registration in India which are mentioned below in a good manner:
1. Application Form (Form 1)
This form is used to apply for a patent grant and it includes allover details of the inventor, assignee and applicant. (if any)
2. Provisional or Complete Specification (Form 2)
- Provisional Specification: If your invention is still undergoing testing, you can also file a provisional specification to secure the priority date.
- Complete Specification: It contains a complete description of the inventor, claims, abstract and drawings of the invention.
3. Statement and Undertaking (Form 3)
By using this form, all the information related to foreign filing of our invention can be disclosed.
4. Declaration as to Inventorship (Form 5)
This form is used to announce the true and first inventors of an invention.
5. Power of Attorney (Form 26)
If the patent application is filed by a professional patent agent, then this form authorizes the agent to act on behalf of the applicant.
6. Priority Documents
If the application claims priority from an application already issued in a foreign country or any other country then it is very important to submit the original and certified copies of the priority.
7. Proof of Right to Apply
If you are not an inventor filing a patent application, it is very important to submit proof of your right to apply for a patent.
8. Drawings (if any)
If there is any picture which gives information about the invention then it must also be submitted.
9. Abstract
Provide an outline and summary of an invention, as it highlights the innovation and industrial project.
Procedure for Patent Registration
We have explained the procedure of patent registration step by step below.
Step 1: Patent Search
Before filing any patent, it is very important to ensure that a patent search is done and that the invention is new and has not been patented before and its function includes searching for existing patents and publications.
Step 2: Drafting the Patent Application
Preparing the overall draft of the patent application is a very important step. A lot of technical and legal expertise was required to prepare it. This patent application must include a detailed description of the invention and an overall summary.
Step 3: Filing the Patent Application
You can file a patent application at the Patent Office offline, online and also through a professional patent service provider. You can become entitled for the patent of your invention only by filing Form 1, Form 2, Form 3, Form 5 and Form 26 in this application.
Step 4: Publication of the Patent Application
Once the application is filed, it is published in an official journal of the Patent Office after 18 months from the date of filing and the applicant can also request for expedited publication by filing Form 9.
Step 5: Examination of the Patent Application
After your patent application, this is followed by the publication, and the portal examiner is assigned with examination responsibility. The applicant has to submit the Request for Examination (Particularly, Form 18) within 48 months from the date of filing. The examiner will scrutinize your submission to look for each and every characteristic that is necessary in order to be granted a patent.
Step 6: Response to Examination Report
The applicant must respond to the examination report prepared by the examiner by addressing any objections raised by the examiner. And this includes providing clarification on all claims.
Step 7: Grant of Patent
If the examiner is completely satisfied with the applicant’s response, the patent is granted to the inventor and published in the Patent Office Journal.
Who Can Apply for a Patent ?
Any individual and governmental entity living in India can file an application for a patent. If he is a real inventor and he has proof to claim that he is the inventor of that invention. One individual can apply to file a patent along with other inventors and even you, the legal representative of a deceased person, can apply for a patent.
What we can offer ?
Blacktie Legal Services India LLP offer variety of services in patent registration to help you navigate the process of protecting you invention. Here are some of the key services they can provide:
- Patent Searches: A thorough search is conducted to assess the novelty and patentability of your invention. This helps avoid wasting time and money on filing for a patent that might not be granted.
- Patent Drafting and Application Filing: We can draft a clear, concise, and legally sound patent application that meets the requirements of the Indian Patent Office (IPO). This includes preparing technical specifications and claims that accurately describe your invention.
- Patent Prosecution: Blacktie can represent you throughout the patent application process, responding to any inquiries or objections raised by the IPO. This ensures your application meets all the legal requirements.
- Patent Portfolio Management: We can help you develop a comprehensive strategy for managing your patent portfolio, including renewals, maintenance fees, and potential enforcement actions.
- International Patent Filing: If you want to protect your invention globally, Blacktie can assist with filing applications in other countries.
In addition to these core services of patent registration Blacktie may also offer:
- Strategic Advice: They can provide guidance on whether or not a patent is the right course of action for your invention, and help you develop a strategy to maximize the value of your intellectual property.
- Legal Representation: In case of any legal disputes related to your patent, the Blacktie Legal Services India LLP can provide legal representation to protect your rights.
By working with Blacktie you can increase your chances of successfully obtaining a patent for your invention and ensure it is properly protected.