Patent Complete Registration

Patent is any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification. A Patent gives you an exclusive right over an invention means that you could monetize and prevent its unauthorized use.

What can be Patented:
• Any article, apparatus or machinery or its component
• Any substance whether living or non-living, product, pharmaceutical product
• Any composition of matter, pharmaceutical products
• Any process, manner or art of manufacturing other than essential biological process

Types of patent

  1. PROCESS PATENT: Any new way or method or process used for manufacturing any tangible product.
  2. PRODUCT PATENT: Any tangible product which has the characteristics of an original creation and is of industrial significance amongst other requisites.

Reasons to get a Patent

  • Balance in the competition

Patent registration helps maintain a balance of competition by providing due credit to the inventor and hence promoting new inventions and preventing monopoly.

  • Increase in business revenue

A patent registration results in increase of business revenue by enabling a patent holder to monetize their invention through numerous means.

  • Creation of an asset

It can be easily said that patent converts an invention into an asset. This is simply because a patent can be easily monetized through ‘assignment’ or ‘license’ and is also valid for a period of 20 years with an option to renew its validity.

Types of Patent Applications in India

  1. Ordinary application: An application that has no reference to any other Patent application filed in any other country is an ordinary application. The priority date and the filing date are the same for this kind of application.
  2. Convention application: When a person has filed a patent in any other country and afterwards wishes to file the same in India, then the applicant files a convention application with the Indian Patents Office within 12 months from the date of filing of the first application. The Paris Convention enables a person to file an application first in their home country.
  3. International Application: In accordance with the Patent Cooperation Treaty (PCT), a claim for patent can be filed in multiple countries through a single application. After receiving that international application, WIPO will distribute a copy of that application to every member state (also referred to as the National stage).

Procedure

PATENT SEARCH: The novelty of invention is checked.

PATENT DRAFT: A draft consisting of the details and specifications of invention is prepared.

FILING OF PATENT APPLICATION: The application (in Form-1) along with complete specification (or provisional specification) of invention is filed (in Form-2). Publication of patent application: The Patent will be then published in the official journal after the expiry of 18 months from the date of filing such application, making it available to the public for objections.

PRE-GRANT OPPOSITION: Within 6 months from the date of publication of application, a pre-grant opposition can be filed. Grounds of opposition can be wrongful obtainment, anticipation by prior publication, already claim in other patent, used, or obviousness.

EXAMINATION OF THE APPLICATION: The examiner will examine the application and will issue an examination report after conducting examination.

EXAMINATION REPORT: The First Examination Reports consist of list of objections raised by the examiner and a response to that report has to be filed within 12 months from the date of issue of the report.

GRANT OF PATENT: Once all the objections raised in the examination report get resolved and examiner is satisfied, he passes registration of the patent.

POST-GRANT OPPOSITION: Within 12 months after the grant of patent, a post-grant opposition can be filed. Grounds of opposition can be wrongful obtaining of the invention by the inventor, anticipation by prior publications, use, traditional knowledge, the invention is obvious to a person in the art, non-patentable inventions, disclosure of false information to patent office, non-disclosure or wrongful disclosure of the biological source etc.

The duration of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT.

No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.

An invention is patentable subject matter if it meets the following criteria – 1. It should be novel. 2. It should have inventive step or it must be non-obvious 3. It should be capable of Industrial application. 4. It should not attract the provisions of section 3 and 4 of the Patents Act 1970

An application for a patent can be filed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority of the invention. Delay in filing an application may entail some risks such as • some other inventor might file a patent application on the said invention and • there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

Yes. All the patent applications are kept secret till 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.

The information relating to the patent application is published in the Patent office Journal issued on every Friday. This is also available in electronic form on the website of the Patent Office, www.ipindia.gov.in

A. A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with requisite government fee. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional application. There is no further extension of time to file complete specification after expiry of said period.

Yes, one can file patent applications through comprehensive online filing system at https://ipindiaonline.gov.in/epatentfiling/

To register for filing of patent application, the user is required to obtain the Class II/III digital signature. After obtaining the digital signature, the user can register himself on the CGPDTM website by creating his user ID and password.

In India, a patent application can be withdrawn in the following ways: • a request for the withdrawal of the application can be filed within 15 months of the date of filing or date of priority, whichever is earlier and accordingly the application will not be published and be treated as withdrawn. • An applicant can withdraw the application before the issuance of the First Examination Report. However, on withdrawal of the application, applicant can claim a refund of up to 90% of examination fees. • An applicant can withdraw the application any time after its filing but before the grant of patent by making a request. There is no fee for withdrawing the application. There is no refund of examination fee.

If applicant has not complied with the requirements within the prescribed time, the Controller shall provide an opportunity of being heard to the applicant before refusing his application if a request for such hearing has been made by the applicant at least 10 days in advance before expiry of the statutory period.

Ordinarily, under the following circumstances, it is not necessary to obtain prior permission from the Patent Office to file patent application abroad: (a) Applicant is not Indian resident and invention is originated abroad about. (b) If the applicant is Indian resident and filed patent application has been in India before filing the application outside India and six weeks period is over from that date. (c) The invention does not belong to Atomic Energy or defence purpose.

In case of withdrawal of patent applications for which request for examination has been filed but first statement of objections have not been issued, 90% of fees for non-expedited or expedited request for examination may be refunded to Applicant on request.

A patentee enjoys the exclusive right to make and use the patented invention. The patentee also has the right to assign the patent, grant licences, or otherwise deal with the patent, for any consideration. These rights, created by statute, are circumscribed by various conditions and limitations as prescribed under the Patents Act, 1970.

Yes. If applicant is filing documents in physical form then he has to pay 10% additional charge for same.

What's included

  • Consultation with our Patent Expert
  • Drafting of Form-1, Form-2 and Form-5
  • Drafting of Form-26
  • Filing of application with the Registrar

Documents Required

  • Power of Attorney/ Power of Authority
  • Declaration and undertaking
  • Invention Purpose
  • Complete description of the invention

Patent Complete Registration


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