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Patent Registration Process in India

Narendra Kumar

| Updated: Nov 18, 2017 | Category: Patent Registration

Benefits of Patents Registration

A Patent is granted to an inventor for its invention. It is a set of exclusive rights given to an investor. It is granted by the government for a limited period of time in a particular territory. With the help of public disclosure of an invention, it helps in excluding it from using an invention by others. Here we are discussing Patent registration process for a new invention in India.

Benefits of Patents Registration

  • The inventor can own the invention for a period of 20 years.
  • It helps in excluding all others from using, selling or importing an invention.
  • The invention can be used to build a business.
  • To sell the patent to another country
  • It helps in raising capital for the business.
  • Patent rights can be licensed for the purpose of receiving royalty payments.
  • It gives inventors monopoly and competitive advantage.

For the purpose of patent registration, an application is filed. A granted patent application must include claims that define the invention.

  • Before filing an application, it must be assured that invention is patentable as all the inventions are not patentable as per the Indian Patent Act[1].
  • An invention must be new & must not have been published prior to the date of filing for the patent.
  • In a patent application, the diagrams should be defined in such a way that it explains the working of an invention.
  • The next step is to verify the patentability criteria as per the Indian Patent Act.
  • Novelty
  • Non-obviousness
  • Industrial Application
  • Enabling

Patent Application can be Filled by the Following Persons

  • Any person claiming to be a true and first inventor of the invention.
  • Any person being the assignee of the person claiming to be true the first inventor in respect of the right to make an application.
  • Legal Representative of any deceased person who was entitled to make a patent application.

An application can be filed by any person stated above either alone or jointly with any other person.

Types of the Patent Application

  • Provisional Application

It is a temporary application which is to be filed with a patent office, for the purpose of claiming a priority date. This application is inexpensive to prepare and file. It helps the investor to study the feasibility of the invention in the areas of potential markets, licensees & distributors. However, the complete application must be filed within the 12 months otherwise it will be considered as abandoned.

  • Complete Application

It contains the complete specification and claims. It can be directly filed if the invention is complete in every aspect.

  • Convention Application

In this applicant file an application, claiming a priority date based on a similar application filed in one or more convention countries. Within twelve months from the date of the first application filed in the convention country, an applicant should file an application to get the convention status.

  • PCT International Application

It is an international agreement for the purpose of filing the patent application.

Patent Cooperation Treaty (PCT)[2] does not provide the grant of an international patent. If one wants to file in multiple countries, it simplifies the process and delays the process and expenses of filing application.

  • PCT National Phase Application

An international application can come into national phase within 31 months from the international filing date. It is to be filed with the controller in the Indian patent office claiming the priority. Under PCT filing date of application shall be the international filing date.

Patent Application

  • In the early stage of research and development of the invention, one can go for the provisional application. It provides 12 months of time to file complete specification but after the expiry of 12 months, the patent application will be abandoned. Provisional application secures the filing date.
  • An application must disclose the nature of the invention.
  • A patent application shall be filed in Form-1 with the fees prescribed in the first schedule along with the complete or provisional specifications in a patent office.

Fees Prescribed

  • Physical Filing

Publication of Application

After the complete specification is filed with the patent application, the application will be published after the expiry of 18 months from the date of filing.

Even an early publication request can be made with the fees prescribed if the person does not want to wait until the expiry of 18 months from the date of filing a patent application.

Fees Prescribed for the publication

  • E-Filing

  • Physical Filing
  • Pre Grant Opposition

The Pre Grant opposition can be filed by the person who is the matter disclosed in the patent application. There are no fees prescribed for the application regarding Pre Grant Opposition.

EXAMINATION

  • After receiving the request for examination, the process of examination starts. After receiving the request controller gives patent application to the patent examiner for examining the patent application on different matters such as:
  • Patentable
  • Novelty
  • Non-obviousness’
  • Industrial application
  • Enabling
  • The request for examination must be made within 48 months from the date of filing.
  • FER (First Examination Report) will be issued by the patent office.
  • On the objections raised by the examiner, an applicant has to respond. The applicant has to give the application within the 12 months from the date of FER. 

Fees Prescribed for the Examination

  • E-Filing 
  • Physical Filing
  • Post Grant Opposition

From the date of patent publication within one-year post-grant opposition can be filed.

In Form 7 along with the prescribed fees, the post-grant opposition can be filed.

Fees Prescribed for the Post Grant Opposition

  • E- Filing
  • Physical Filing
  • Patent GRANT

After resolving all the objections raised in the patent application, the application shall be placed in order to grant after fulfilment of all the requirement placed in the patent act. It will be notified in the patent journal.

The term of a patent is 20 years from the date of filing of the patent application.

  • Renewal

The renewal fee is payable by the patentee every year to maintain the patent otherwise it will be ceased. Fees are prescribed in schedule 1. There are no renewal fees for the first two years.

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Narendra Kumar

Experienced Finance and Legal Professional with 12+ Years of Experience in Legal, Finance, Fintech, Blockchain, and Revenue Management.

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