How to File an Application Patent Registration India?

Narendra Kumar

24 May, 2019

The patent is one of the very common modes through which scientific inventions having the potential for industrial application are being protected. In India, very few scientific organizations and much fewer industries take adequate measures to protect their inventions. In this article, we will discuss how to file an application for patent registration India and what is the procedure for the same?

In India, the law relating to patents is contained in the Patents Act, 1970 and subsequently, the act has been amended in the following year 1995, 1999, 2002 and 2005.

Patent

The importance of patents has increased tremendously over the last few decades. Every company is creating a strong patent portfolio. It is important to know the advantages involved in getting a patent and how does the patent benefit an inventor.

A Patent Registration can be defined as the absolute right of the owner/inventor who invented and own a particular invention or a product. With the registration of invention/ product with the Registrar of Patent, the owner/inventor gets an exclusive right to make, use, manufacture, and market the invention or the product provided he satisfies the conditions enumerated under Patent Act, 1970. No person has a right to plagiarize it. This right is available for a limited period i.e. for a period of 20 years from the date of filing of the application.

Patent Registration:

Who Can File An Application?

The application for Patent Registration is made in Form-1 which can be filed physically or online. The application can be made by an inventor or his assignee or legal representative with requisite fees as may be applicable which is currently as follows:

However, it is to be noted this exclusive right is granted on “first come first serve” basis which means the person, who first applies for a patent, is entitled to obtain the patent. Unfortunately, an inventor of the invention who applies subsequently will not obtain the patent as against the first applicant.

Elements of Patentability

1. Novelty: The quality of being new, original and unusual
2. Industrial Applicability: Non-obvious to the person skilled in that art
3. Industrial Applicability: Can be made /used or reproduced

The application for obtaining a patent must be accompanied by the complete specification or provisional specification in respect of patent. The provisional specification can be made in respect of an invention which has not reached final stage but it has reached such stag that it can describe on a paper whereas complete specification can be defined as the one which fully and particularly describes the invention and in addition to it discloses the method of performing it. The provisional /complete specification is filed in Form-2 with the Registration of Patent.

Procedure to Have Patent Registration India

The PATENT application shall be filed online from the native place of the applicant or its agent.

1. For E-filing, applicant/agent must have a digital signature
2. The agent must have created a login id and password on the Patent Registration office portal.
3. On receipt of an application, the Office accords a date and serial number to it.
4. All the documents along with the application should be digitalized, verified, screened and uploaded to the internal server of the office.
5. Once the a[placation is filed the controller shall examine the application that whether the application and other documents thereto are in accordance with the requirements of the act and of and of any rules made thereunder.
6. Section 43 of the act provides that where an application for a patent has been found in order and either the application has not been refused by the controller by virtue of any power vested in him; the Patent shall be granted to the applicant as expeditious as possible to the applicant/agent.

Important Points to Be Well-Known

1. Patents granted for the same invention are independent of each other in the different Contracting
2. One contracting State does not oblige the other contracting States to grant the patent for the same.
3. “The patent has been refused or annulled or has terminated in any other Contracting State”, cannot be the ground to refuse in any other contracting state.
4. It is the right of the inventor to be named as such in the patent.