What is Patent Registration?
The patent is an exclusive right granted to the Patentee over his/her invention for a limited period of time. Through Patent Registration, the patentee shall have all the rights regarding controlling, making, using, selling or importing patented product or process for producing that product. After Patent Registration, no one will be able to use the invention without the consent of the patentee. However, whether the invention is patentable or not depends upon various factors such as invention must be innovative which involves an inventive step and which can be used in industry.
In India, to consolidate the laws relating to Patent there are a Patent Act 1970 & Patent Rules 1972.
With Patent Registration, you can obtain an intellectual property right over an invention. For Patent Registration, an application can be filed either by an individual or firm. To grant an exclusive right over invention (If it is unique) there is an Intellectual Property Department established by the Indian government. To prove that invention is unique, the inventor has to produce all the evidence in connection with the invention.
Applications concerned with Patent Registration are managed by “The Patent Office, Controller General of Patents, Designs & Trade Marks”. Patent Registration applications can be electronically filed along with the provisional or complete specification with the prescribed government authority. The invention can be a process, art, manufacturing method, computer software, or chemicals or drugs.
The patent registration process is not lifelong and it is valid only for a period of 20 years from the date patent registration application is filed with the authority (http://www.ipindia.nic.in/) irrespective of the fact whether an application is filled with the provisional or complete specification. After a period of 20 years, it falls under the public domain.
Now, if you want to apply for Patent Registration in India then Enterslice can file an application on your behalf as Enterslice acts as a Patent Agent all over India.
What can be Patented in India?
Before Starting the Patent Registration process in India, it is important to get to know what patentable innovations are.
The invention can be related to work, process, manufacturing, the machine related, computer software or any other kind of invention which has never been invented to the general public.
What Kind of Inventions cannot be Patented?
Following below mentioned cannot be termed as inventions as per The Patent Act, 1970.
- Such an invention which is contrary to the natural laws;
- The invention which is prejudice to human, animal or life of a plant or health or to the environment;
- If the invention is the mere discovery of a scientific principle or the formulation of an abstract theory
- If the invention is the mere discovery of any living or non-living substance occurring in nature;
- The mere invention of a known process/ the machine unless such process results in a new product.
- Mere admixture which is resulting in the collection of the properties of the components;
- Mere arrangement or re-arrangement of devices which are very common in nature;
- Such inventions which are excluded by the Patents (Amendment) Act, 2002;
- Any method used for agriculture or horticulture purpose;
- Ant process in relation to medicinal, surgical, curative, prophylactic diagnostic, therapeutic or process for human being treatment
- Any process used for animal treatment in order to make them free of disease
- Invention concerned with plants and animals including seeds, varieties, and species, the essentially biological process for the production of plants and animals other than microorganisms;
- Computer Program or any mathematical methods;
- Any creation concerned with literary, dramatic, musical or artistic work including cinematographic works as well as television productions;
- Any mere method of playing the game;
- Mere Information Presentation
- The topography of integrated circuits;
- The invention which is an aggregation or duplication of known properties of components which are traditionally known.
- Inventions in concerned with atomic energy are not patentable
- No patent shall be granted in respect of an invention relating to atomic energy
What is the Importance of Patent Registration?
- Legal Protection to Invention: Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered then legal protection is not enforceable.
- Transferable Rights: Patent Registration gives the patentee a right to sell or transfer a patent as it helps in raising revenue.
- Validity Period of 20 days: After Paten Registration, an invention is legally protected for a period of 20 years.
- Competitive Advantage: Patent Registration gives a competitive advantage to the business. For similar products, competitors will not be able to use the patented invention.
- Asset Creation: Patent is an Intellectual Property Right, therefore, Patent Registration given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.
Criteria for filing Patent Registration Application
- Novelty: Invention must be a new development and prior to the date of filing a patent application it must have not published anywhere in India.
- Non-Obviousness: Invention must not be obvious in nature and it must be considered by the skilled person unexpected or surprising development.
- Industrial Applicability: Invention must be capable to use in industry.
Documents for filing Patent Registration Application
For filing Patent Registration application in India, documents required are as under:
- An Application for Patent Registration in Form-1
- Complete specifications in Form-2 however if not available then Provisional Specification
- Statement and Undertaking n Form-3
- A declaration from the inventor as to inventorship in Form 5;
- A proof from the inventor regarding the right to file a Patent Registration application
- If a Patent Registration application is filed by the patent agent/patent attorney then the power of authority in Form-26;
- In case of convention application (Paris convention) or PCT national phase application, one has to file priority documents along with the application or within 18 months from the priority date;
- It is required to submit the National Biodiversity Authority permission in case application is related to biological material obtained from India.
- The source of origin of any biological material used in the specification should be clearly indicated in the Patent Registration application form.
- The patent Registration application must be signed by an applicant/ Patent attorney with the name & date and Specification (Complete or Provisional) must be also be signed on the last page along with the date.
Forms required to be filed for Patent Registration Application
|Forms to be filed||Explanation|
|Form 1||Patent registration Application|
|Form 2||Provisional or Complete Specification|
|Form 3||Statement and Undertaking under Section 8 of The Patents Act, 1970|
|Form 5||Inventorship Declaration|
|Form 9||Publication Request|
|Form 18||Examination Request|
|Form 26||Patent Agent Authorization|
|Form 28||For Small Entity|
Process of Patent Registration
Patent Registration is a process under which an application is filed with the prescribed authority in order to register an invention in line with The Patent Act, 1970. With Patent Registration, an inventor will have the monopoly over his/her invention. Patent Registration application should be filed to avoid any dispute in future in relation to infringement.
For Patent Registration in India, following below-mentioned points must be considered:
- Patent Search- Before filing Patent Registration in India you must be aware of the nonobviousness of an invention and for this purpose, the Patent search is conducted. Enterslice can conduct Patent Search on your behalf to get to know about existing inventions in connection with your idea for a patent. On the flip side in case there is already a registered patent on your idea, then the patent cannot be granted. Patent Search is a process which helps the applicant form the lengthy registration process. You can skip the further steps if there is already a patent which is similar to your idea.
- Patent Domicile– Patent Registration done in India is valid in India only. Patent Registration gives protection to your invention only in India and not in any other country. On the contrary, you may protect your invention in other countries as well. For this purpose, a separate patent registration application must be filed in each country.
- Filing of Patent Registration Application– For Patent Registration, an application is filed along with the necessary details regarding invention with the intellectual property department.
- Review of Patent Registration Application– After submission of a Patent application, patent office of the India Government will scrutiny and check whether there is an existing patent on the similar idea. However, if the invention is unique and falls under the criteria of the patentable invention then the patent will be granted.
- Patent Grant– After verifying the patent Registration application, the application status will get updated online on the website of the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, and Government of India. For the grant of a patent certificate, it takes around one year.
What is the Validity Period of the Registered Patent in India?
The patent is valid for the period of 20 years in India, from the date provisional or complete patent registration application is filed. After completion of prescribed 20 years, it would fall under the public domain.
What is Patent Renewal and how one can Apply for it?
To keep the Patent alive, it has to be renewed every year. A patent must be renewed mandatorily, in case patent is not renewed then it will be ceased to exist and it shall pass on to the public domain. In India, a patent can be renewed for one year by filing patent renewal application along with the prescribed fees by the patentee. The patent renewal fee is payable at the end of the 2nd year from the date of patent registration.
In case of non-payment of renewal fees within the prescribed time, patent gets ceased to effect then it can only be stored by filing restoration application in the prescribed Form-15 within the period of 18 months from the date patent got ceased to effect.
What in case of objection received from the examiner? And what will be the process of responding to objections?
After filing of the Request for Examination, the examiner will examine the application from the relevant technical background. While scrutinizing an application it must be ensured that the application is in line with the patent act and rules.
A patent search is also performed by the examiner to understand similar technologies and to ascertain whether the invention qualifies for the patentability criteria. After this, an examiner will issue an Examination Report to the applicant which will describe the grounds for objections. This examination report is also known as the “First Examination Report (FER)”.
On receiving the First Examination Report, an applicant needs to respond to the objections. This process may also involve appearing for hearing. From the date FER is issued to an applicant, the patent is granted within the period of 6 months (earlier it was 12 months) whereas above mentioned period can be extended for a further period of 3 months on the filing of time extension request in Form 4.
Can Patent be Revoked in India?
Yes, a patent can be revoked by filing a petition with the High Court by any person/ central government/ in case of counterclaim in a suit for infringement of the patent. It can be revoked if the high court believes that the patentee fails to comply with the reasonable terms & conditions of the government. There can be several grounds for patent revocation. A patent can also be revoked in public interest or when it is non-working.
What do you understand by Patent Assignment?
Once the patent registration is done or patent is granted to the patentee for his/her invention, patentee reserves all rights over the invention in relation to selling and/or distributing the invention for a sum of money. A patentee can also assign rights to produce and bring the patented product to market as per the terms prescribed by the Patentee. A patent is a transferable property it can easily be transferred from the patentee to any other person through assignment however it can only be assigned by the owner of the patent. Co-owners or joint-owners are also eligible to assign the patent after obtaining the prior consent of the owner.
What is the process of making an appeal against the rejection of the Patent Registration application?
As per The Patents Act 1970, there are two types of an opposition proceeding one is pre-grant opposition under Section 25(1) and another is post-grant opposition under Section 25(2). If the patent registration application is rejected by the authority after considering the opposition then aggrieved may file an appeal with the Intellectual Property Appellate Board (IPAB) with the requisite fees. The appeal should indicate the grounds of filing appeal which must be signed by the applicant. IPAB has its headquarters in major cities of the country such as Mumbai, Chennai, Delhi, Kolkata, and Ahmadabad. An appeal must be filed by the aggrieved within a period of 3 months from the date of the decision as per the section 117A of the Patents Act, 1970. However, an extension may also be available on request. We can say that the process of making appeal has been streamlined by the IPAB.
Will Patent Registration in India protect my invention outside India as well?
If a patent is registered in India then it is valid in India only and rights in connection with a patent cannot be exercised by the patent owner outside India. However, if the patent owner wants patent protection in other countries as well then they have to file an application other countries within the period of 12 months of patent registration in India.
How one can apply for International Patent Registration in India?
The PCT enables the applicant to file international patent registration application to obtain protection for an invention in PCT contracting states. There is a requirement for filing only one international application. It saves time & effort of the applicant in order to obtain the protection for an invention in several countries. It also helps the applicant in taking a decision regarding the prosecution of the application before the various national patent offices and the time limit for entering into the national phase in several countries is 30/31 months from the priority date. PCT application can be filed by the resident of any of the PCT contracting states. For international Patent Registration in India, the application can be electronically filed on the website of WIPO.
What are the key differences between Patent & Copyright?
Intellectual Property is nothing but a human creation which is created by a person’s own skills such as the brain, labor, and capital. Under Intellectual Property rights, Copyright and Patent are two different rights which offer protection. These rights are the intangible assets of the company.
Patent provides protection to an invention of the patentee and prevents it from the misuse by others while Copyright provides protection to the expression of ideas which is creative and intellectual work such as artistic, literary, musical and dramatic work.
Comparison Chart (Copyright © Vs Patent)
|Introduction||It protects the expression of ideas like artwork. Artistic work includes work related to books, paintings, music and computer Program. Copyright protection helps in excluding others from using the work.||The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention.|
|Significance||Expression of Idea||Invention|
|Govern by||Indian Copyright Act, 1957||Indian Patent Act, 1970|
|Components||Protects Artistic & literary work||Protects Invention|
|Registration Requirement||There is no such registration required.||Patent Registration is mandatory.|
|Exclusions||Others cannot copy the work.||Others from using the invention without the consent|
|Validity Term||60 Years||20 years|
Both Copyright & Patent are the intellectual property rights granted by the government. Both the terms of intellectual property covers the different aspects such as Copyright covers the creative and original work of authors on the other side the patent gives protection to the invention.
What are the recent/last amendments in The Patent Act, 1970?
The Indian Patent Office (IPO) has issued guidelines on 30 June 2017 (Revised Guidelines for examination of Computer-Related Inventions (CRIs)). These Revised Guidelines have been made applicable with immediate effect and it is the third version of the CRI guidelines. On CRI, the first version of the guidelines was issued on 21 August 2015 whereas later it was replaced by the guidelines issued on 19 February 2016 (Second Guidelines). This guideline concluded that Patent Examiner should mainly focus on the underlying substance of the invention and rather than particular form in which it is claimed.
How Enterslice helps you to get filing of Patent Registration?
Enterslice can help you in filing Patent Registration application. We offer all type of legal services all over India and across the world.
For Patent Registration in India from Enterslice, you have to go through the following steps:
- You just have to visit our website enterslice.com and fill your basic details like name, Email Id & Mobile No – Click on Get Started button.
- Then we request you to wait for a Call back by a consultant alternatively if you are in hurry then you can directly make the payment and start the process if you are clear about the Patent Registration process.
- Our team of experts will call you back in 4 to 8 Working hours and after that, if you will have any further query, then a professional from our senior management will speak with you on Skype. You can also drop an email on firstname.lastname@example.org
- After understanding the structure of your invention team of Enterslice will share a detailed checklist of documents required from your end for further action.
- We will assign you a unique order Number to track the progress of the assignment.
- You can also upload documents by using Mobile application of Enterslice which is available on Google play store for Android users and the Apple App Store for iOS users. You can also email your documents to email@example.com
- We assign a small team of 4 people on each assignment of Patent registration with Combination of Professionals like CA, CS, and Lawyers.
- You can track the status of your order on our website or by using Mobile App.
- We will send regular updates via email about the work progress.
- Our team will handle end to end process like Patent Search, drafting of the Patent Registration application, the arrangement of all the necessary documents and filing of Patent Registration application with the appropriate government authority.