A patent can be register in India under the Indian Patent Act. A patent can have its registration by filing a patent application with the Indian Patent Office. The patent application may be a simple application, a National Phase application under PCT or a traditional application. A simple application for a patent is usually file with the Indian Patent Office. A simple application does not get preference from other application.
An invention is patented
It is granted for a period of 20 years
A patent registration is issue on the functionality of an invention patent may be assigned and license to a third party by patent
Steps in patent registration
Finding out if the invention is patentable
Draft application for patent filing containing work or invention to be illustrated with drawings, diagrams or sketches
Request for examination
Clearance of all objections
Announcement as Inventor
Advertising and responsibility
Proof of right to file application
The authority of the agent
Law – Patents Act, 1970; Modified 2006
Patent registration in Chennai
A patent registration is a legal right that gives a person a monopoly on his / her invention.
According to the Patents Act, 1970, an ‘invention’ must meet three criteria: first, it is a new product or a process that does not exist before; Second, it should provide new technological improvements as simple modifications to previously known technology are not patent; Third, the propose innovation should be useful. For example, patents may not be granted for inventions that can only be used for illegal or unethical purposes.
Once a product or process has been patent, it cannot be commercially produced, distributed, used or sold without the patent owner’s permission.
India grants patent rights on a first-come, first-served basis. The patent may be apply for by(i) the inventor or (ii) the assign or legal representative of the inventor.
A patent application can be jointly assign by two or more corporations. A foreign national resident can also obtain a patent in India.
The decision to do it yourself or participate professionally
Before you file a patent application you need to decide whether you will seek any help from a patent professional or undertake a patent process. Considering the number. It is recommend that you hire a professional with experience in the patent world by the deadline.
If you decide to seek professional help, make sure you have signed an NDA (Non-Disclosure Agreement) with the Patent Professional before disclosing your invention.
Step 1 – Check the patent capacity of the invention
Before filling out a patent application in India, the first step is to search for a detailed patent capability to find out whether a patent will be granted. It must contain both patented and non-patented instructions. Based on the information found during the search, you have the option of calibrating your patent application so that you do not have to file for an existing patent.
According to Indian Patent Act, a patent must meet all the criteria:
Step 2 – Creating a Patent Application (Temporary or Complete)
The patent application will be file on Form-1 at the patent office in accordance with the jurisdiction with the fee specified in Schedule 1. Each patent application comes with a patent specification (Form 2).
Depending on the status of the innovation, you can file a temporary or full application. If it is still in development mode, it is recommend to file a provisional application to prevent all important filing dates.
The patent specification should include the title of the patented invention, the background of the invention, the summary of the invention / object of the invention, the description of any patent drawings, description of the invention, patent claims, patent summary and order list of the disclosure.
Step 3 – Fill out the patent application in India
First Filing in India – Once the application is draft, you need to file the patent application in India and save the filling date. If a provisional application is file, the full specification will be file within twelve months from the date of filing the application and if the full specification is not file within that time, the application will be deem to have been abandoned.
Foreign Filing Decision – If you are interest in defending your invention in other foreign jurisdictions, you must file within 12 months from the date of your first filing based on the countries you are interested in.
Each application for a patent must be file on the following forms:
Apply for a patent
Provisional / Complete Description
Statement and Underlining of a Foreign Application under Section 8 of the Patent Act, “The Act” (require only if the relevant patent application is file in another country)
Notice of Inventor Ship (for filing along with full application only)
Form for Authorization of a Patent Agent (required only if you are using a patent agent to assist in filing an application)
Submit by Startup or Small Entity (required only if you claim startup or small entity status)
If you claim preference from a foreign patent application and enter India, you will also be require to provide document preference.
Step 4 – Publication of the patent application
The application will be publish in the official journal any time after the 18th month from the date of filling the application or from the date of preference for the application.
There is a provision to publish an Indian patent application in advance by filling out an official request.
The initial publication rule does not apply if:
Secret orders are impose under Section 35 of the Act.
The application was dismiss under on 9 (1) of the Act.
The applicant withdrew his application three months before the prescribed 18-month deadline
Step 5 – Patent Application Test
Not every patent application will be consider application any other third party must file a request for examination under Form 18 and for examination under Form 18A (subject to the conditions prescribed in the regulations).
Examination Procedure (Responding to Examiner Objections & Objections)
Once the application is file it ends up on the examiner’s desk. The applicant will check that the patent is in compliance with the law and regulations during the examination process.
The Examiner creates the first test report.
Thus the patent registration in Adayar is the best consultant which assists in the registration processes.