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Patent Registration

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Overview

Must know aspects about Patent Registration

In India, patent registration is given for any kind of invention work. However, it doesn’t include all types of inventions; it must fulfill specific criteria to get a patent in India.

Things to fulfill for patent

According to the Patent Act, any invention to get patented, it has to be a unique product or method associating a creative step and must be suitable for application purposes in industries. This, in other words, means that the product to get patents must be technical and fulfill the following norms.

Originality: 

The aspects unearthed in the specification should not be published before in India or any other part of the globe, prior to the filing date of patent application in India.

Inventive Method: 

The invention should not be confined within someone efficient in the concerned aspect with prior document, publication, etc.

Applicability from an industrial perspective:

The invention should fulfill a purpose or application to be suitable for certain industries.

Who is eligible for filing a patent application?

For any invention, a patent application can be filed by any of the following groups of people either distinctively or in partnership with anyone else.

1) The real and initial inventor.

2) Real and initial inventor‘s assignee.

3) The lawful agent of the absolute truth and initial inventor or his/her assignee.

As per the Patent Act, the term ‘person’ is defined for any individual, organization, or unit of government, no matter implemented or not. In case of a proprietorship venture, the application is essential to be in the name of the owner or proprietor. The names of everyone personally associated with the partnership should be there in the application.

An assignee can be any individual, but not a legal representative, be it a registered venture, LLP, Section 8 Company, academic institute, or even the government.

It is crucial to note that the real inventor doesn’t include the initial importer or the discovery into the nation or someone to who the discovery is initially shared from exterior to the nation. An applicant must reveal the name, address, as well as the nationality of the real inventor.

How to go for filing a patent application?

One may file a patent application through electronic mode using Form-1 having provisional or thorough specification, along asked fee at the recommended patent office. Authorization of a patent office is decided as per the following factors.

1) Address of the residence, business of the applicant (initially mentioned applicant for mutual applicants).

2) The original place of invention of the place.

3) Concerned address of service in India specified by applicant, if the applicant doesn’t possess an address in the nation.

Patent Office Jurisdiction of Mumbai

States of Gujarat, Maharashtra, Chhattisgarh, the Union Territories of Daman & Diu and Dadra & Nagar Haveli, Madhya Pradesh, Goa, and Chattisgarh do come under Mumbai Patent Office jurisdiction.

Patent Office Jurisdiction Delhi

The States of Haryana, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, Himachal Pradesh, Jammu and Kashmir, National Capital Territory of Delhi and the Union Territory of Chandigarh all come within the Delhi Patent Office jurisdiction.

Patent Office Jurisdiction Chennai

Under the Chennai Patent Office jurisdiction, the states like Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and Union Territories of Pondicherry and Lakshadweep come under Kolkata Patent Office Jurisdiction.

Talking about the rest of the nation, the states like Bihar, Orissa, West Bengal, Sikkim, Meghalaya, Manipur, Assam, Tripura, Nagaland, Arunachal Pradesh and Union Territory of Andaman and Nicobar Islands, do come under Kolkata Patent Office jurisdiction.

Application for patent

Patent application basically is a petition for granting a patent for any discovery explained and made a claim by the applicant. An application in this context mostly consists of details of invention, along with official forms and other references for the application. These applications can be of various kinds, where each serves for an explicit purpose:

Various types of patent application include:

1) Temporary/Provisional Application

2) Ordinary or Non-Provisional Application

3) Convention Application

4) PCT International Application

5) PCT National Phase Application

6) Patent of Addition

7) Divisional Application

Provisional Application

Provisional application or simply temporary application is filed if the invention remains at the experiment level and is not completed. This is filed at the patent office for priority, claiming as the ‘First to File’ mode is followed at the Indian Patent Office, which is quite referred to as the First-Come-First-Service as well. To be specific, prior filing of any invention will stop any subsequent invention in relation to the same from being considered as initial art to the application of the inventor.

Broadly, these applications are filed when the invention needs extra duration for development. When the application comes with temporary specification, the concerned applicant is required to file an entire specification in a period of twelve months from filing date of temporary application. Failing to address this section would make the application remain unfulfilled.

An application in this context is essential to containing a concise detail of the discovery and should be drafted in specification to ensure that the concerned rights are in safe hands for the invention.

Regular, or Ordinary or Non-Provisional Application

This kind of application is filed when the applicant doesn’t possess anything explicit to claim, or in case the application is not filed to pursue any earlier convention application. It must be accompanied by an entire specification; those should explain the details in a thorough fashion.

One can file the entire specification through:

Direct Filing 

Here the entire specification is firstly filed at the Indian Patent Office without going to file any equivalent temporary specification.

Subsequent Filing 

Here the entire specification is filed post-filing of the equivalent provisional specification and demanding priority from the temporary specification filed.

The entire specification covers the following aspect:

1) Title

2) An introduction to the invention.

3) The technical section of the invention.

4) Backdrop of the invention.

5) Elements of the invention.

6) Declaration of the invention.

7) A precise description of the sketch

8) Thorough detail of the invention.

9) Claims

10) Abstract

Convention Application is primarily filed for demanding a priority date as per the same or overall identical application filed in any of the convention nations. To get the status of the convention, it is essential for applicants to file applications in the Indian Patent Office within one year from the first day of filing an identical application in the convention nation. To understand in simplest words, this type of application makes the applicant eligible for priority claims in entire convention nations.

PCT International Application

As can be understood from the name, PCT application is of a global level. It might not grant a global patent, but it derives a path for a strategic patent application method in various nations at a stretch. This is administered by the Patent Corporation Treaty and can be applied in around 142 nations. This application saves any invention from getting duplicated in acknowledged nations.

It’s not like other applications; here, the application is rendered within a month to get into numerous nations from global filing date or the date of priority, thus offering extra time for the applicant to have the feasibility of the discovery.

Other than this, it provides the other feats as followed:

1) The application provides a global search report mentioning previous art that reveals if the invention is real or not.

2) This comes with an alternative for International Preliminary Examination Report that basically contains an alternative to whether the invention can be patented.

3) The reports mentioned above enables the applicant to have many specific options initially through the patent mode as the person can put the application for dealing with any challenging material. The applicant would get a hint of whether the patent of the invention prior applicable charges for filing and processing applications in concerned nation.

An Indian applicant can file an application at:

1) The Indian Patent Office (IPO) that receives the application.

2) The International Bureau of WIPO either post obtaining a foreign filing permit from IPO or post few weeks and a year of filing an application in India.

PCT National Phase Application

It is considered mandatory for applicants to file a national-level application in those nations where the safety is prioritized. Time frame for filing is in general, a period of 31 months from the date of priority or global filing date, which comes earlier. Time confinement can be grown through National Laws by every member nation.

According to National Phase Application, the title, description, abstract, and claims as provided within the International Application under PCT are taken in to account as the Complete Specification. All these apart, the norms that can be applied for filing and proceeding any patent application is also applied here.

Patent of Addition

This patent is essential to be filed in case the applicant finds that he has invented something that mildly differs from the invention that has been applied already or is patented by an applicant. This patent is filed only when the invention doesn’t come with an adequate inventive approach.

A patent of addition is explicitly granted post granting of the native patent, and thus no distinct renewal charge should be discounted when the term of main patent comes. Most importantly, this shall be allowed for a term equivalent to as of the patent for prime discoveries and hence gets expired with a primary patent. Filing date here was the date when the application filed for a patent of inclusion.

Divisional Application

An applicant may opt for segmenting an application and make a couple or more applications in case a specific application makes a claim of multiple inventions. Priority date for these applications is identified as of the parent application.

Filing Patent Application

Through the process of filing a patent application, temporary specification, or entire thing can be filed by the applicant. Provided below is a list of entire document that has to be filed for getting patent registration:

1) Patent application in Form-1.

2) Proof of right for application filing from the inventor. The authentication of right can be either an approval at the endpoint of the application or a distinct agreement coupled with the patent application.

3) Temporary specifications, if thorough mentions are not there.

4) Entire specification in Form-2 in duration of 12 months of filing of temporary specification.

5) Statement and activity under Section 8 in Form-3, if worthwhile. Form 3 can be filed alongside the application or in a period of 6 months from the application date.

6) Declaration as to inventorship in Form 5 for applications with entire specification or any kind of convention application or a PCT application acknowledging India. Form 5 or Declaration regarding the ownership of invention can be filed in a period of a month from day of application upon requests made to the Controller in Form-4.

7) Power of authority in Form-26, in case the patent application is filed in by a Patent Agent. When it comes to general power of authority, then a self-attested copy of the same can be filed by the Patent Agent or Patent Attorney.

A) Convention Application (as per Paris Convention).

B) PCT National Phase Application if the needs of Rule 17.1(a or b) or has not been met.

C) Important: Priority document is essential to be filed along with the application or prior the expiry of eighteen months from the concerned priority date, to ensure the early publication of the application occurs.

8) If the Application concerns with the biological material taken from India, the applicant is essential to provide permission from the National Biodiversity Authority any time prior to being granted for the patent. However, it is enough if the acknowledgment from the National Biodiversity Authority is provided prior to the grant of the patent.

9) The Application form must also signify thoroughly about the source of the physical origin of any physical document used in the specification.

10) Entire patent applications should possess the signature of the applicant or acknowledged person or Patent Attorney along with name and date.

11) Temporary or entire specification is essential to be signed by the agent/applicant along with the date on the final page of the specification. With this, the drawing sheets linked should also possess the signature of an applicant or his associate at the right-hand bottom corner.

Document Required

1. Documents required to get a Patent
  • Copy of Patent to be registered. A letterhead with the patent detail of the product you wish to register
  • PAN card
  • MSME or Udyam Registration certificate
  • Address proof of the patent owner. E.g: Passport, driving license.

Time Lines

  • (10 to 15 Days)
  • Purchase the Service
  • Upload / send the Documents
  • Discussion with expert
  • Filing of application with registrar authorities
  • Receipt of Registration Certificate
  • Confirmation to client

Service Covered

Pricing for what you want required service

Basic

59000*
  • Expert Consultation
  • Patent application for device patents with the indian patent office. All necessary details and information and claims to be provided by the client.

Business

79000*
  • Expert Consultation
  • Patent application for device and medical patents with the indian patent office. All necessary details and information and claims to be provided by the client.

Enterprise

89000*
  • Expert Consultation
  • Patent application for device and medical patents with the indian patent office along with examination report. All necessary details and information and claims to be provided by the client.
  • Notes:
  • * This price is inclusive of all Govt filing fee and excluding GST amount.

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