Patent Registration
Patent registration
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Patent Registration
Patent registration is the process of obtaining legal protection for an invention. A patent gives the inventor exclusive rights to make, use, and sell the invention for a specified period, typically 20 years from the filing date of the patent application. Patent registration is granted by a government agency, such as the United States Patent and Trademark Office (USPTO), and involves a detailed application process that requires a thorough description of the invention, its novelty and usefulness, and how it is different from existing technologies or products in the market. Patent registration provides inventors with a legal monopoly over their invention, which can be used to prevent others from making, using, or selling the same invention without their permission.
In India, there are three types of patent applications that can be filed:
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Ordinary Application: This type of application is filed by an individual or a company for an invention that has not been disclosed or published anywhere in the world. The application is examined by the Indian Patent Office, and if the invention is found to be patentable, the patent is granted.
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Convention Application: This type of application is filed by an applicant who has filed a similar application in a convention country. The applicant has to file the application in India within 12 months of the filing date of the first application. The convention countries are those that are signatories to the Paris Convention for the Protection of Industrial Property.
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PCT International Application: PCT stands for the Patent Cooperation Treaty, which is an international treaty that provides a unified procedure for filing patent applications in more than 150 countries. An applicant can file a PCT application with the Indian Patent Office, which will act as a receiving office. The PCT application undergoes an international search, and a preliminary examination report is issued. The applicant then has the option to file a national phase application in India, which will be examined by the Indian Patent Office.
In general, patents can be granted for inventions that meet certain criteria, including novelty, non-obviousness, and usefulness. In India, as per the Patents Act, 1970, the following can be patented:
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Product: Any new and useful product, including machinery, apparatus, equipment, devices, and chemicals, can be patented.
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Process: A process or method of manufacturing a product can be patented if it is novel, non-obvious, and useful.
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Software: Software can be patented if it meets the patentability criteria and is not just a computer program or algorithm.
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Biotechnology: Biotechnology inventions such as DNA sequences, genes, proteins, and microorganisms can be patented.
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Pharmaceutical: Pharmaceutical products such as new drugs, drug formulations, and delivery systems can be patented.
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Mechanical inventions: Any new and useful mechanical invention, such as engines, turbines, and machines, can be patented.
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Chemical inventions: Chemical inventions, such as new chemical compounds, compositions, and materials, can be patented if they meet the patentability criteria.
It is important to note that there are some exceptions and limitations to what can be patented, such as laws of nature, natural phenomena, and abstract ideas. Additionally, the invention must be capable of industrial application and must not have been disclosed to the public before the patent application.
Eligibility for Patent Registration
To be eligible for patent registration in most countries, including India, the invention must meet certain criteria. These criteria generally include:
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Novelty: The invention must be new and not have been publicly disclosed or made available to the public before the date of filing the patent application.
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Inventive step or non-obviousness: The invention must not be obvious to a person having ordinary skill in the relevant field of technology. This means that the invention must not be something that could easily be developed by a person skilled in the field based on existing knowledge.
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Industrial applicability: The invention must have an industrial application, meaning it must be capable of being used in some form of industry.
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Non-patentable subject matter: Certain types of inventions, such as discoveries, scientific theories, mathematical methods, and computer programs, are not eligible for patent protection.
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Enablement: The patent application must describe the invention in sufficient detail to allow a person having ordinary skill in the relevant field of technology to reproduce the invention without undue experimentation.
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Utility: The invention must have a practical use, meaning it must be useful in some way.
The following are the documents required for patent registration in India:
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Patent Application: The patent application includes details about the invention, including its title, abstract, and description.
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Patent Specification: This document outlines the scope of the invention and how it works.
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Drawings: Drawings or diagrams that illustrate the invention must be submitted as part of the application.
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Proof of Right: A document proving the right of the applicant to apply for the patent, such as an assignment deed or a statement of inventorship.
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Priority Document: If the applicant is claiming priority from an earlier application filed in a foreign country, then the priority document must be submitted.
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Power of Attorney: A power of attorney must be executed by the applicant authorizing a patent agent or advocate to act on their behalf.
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Statement and Undertaking: This document declares that the invention is novel and that the applicant is the true and first inventor.
It is important to note that the exact documents required for patent registration may vary depending on the nature of the invention and the type of application filed. It is recommended to consult a patent attorney or agent for guidance on the specific documents required for your application.
Patent registration provides a range of benefits, including:
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Legal protection: A patent provides legal protection for an invention, preventing others from making, using, or selling the invention without the patent holder’s permission. This protection can help deter others from copying the invention and can give the patent holder the right to sue for damages if infringement occurs.
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Competitive advantage: A patent can provide a competitive advantage by giving the patent holder exclusive rights to use the invention for a period of time, allowing them to commercialize the invention and potentially gain a larger market share.
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Licensing opportunities: A patent can be licensed to others for a fee, generating revenue for the patent holder.
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Increased valuation: A patent can increase the value of a business by demonstrating its innovative capabilities and potential for future growth.
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International recognition: A patent can provide international recognition for an invention, allowing the patent holder to expand their market globally.
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Incentive for innovation: Patent protection encourages innovation by providing inventors with the ability to protect their ideas and potentially profit from them, which can motivate them to continue developing new and useful inventions.
Overall, patent registration provides numerous benefits that can help inventors and businesses protect their intellectual property, gain a competitive advantage, and generate revenue.
The following are the documents required for patent registration in India:
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Patent Application: The patent application includes details about the invention, including its title, abstract, and description.
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Patent Specification: This document outlines the scope of the invention and how it works.
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Drawings: Drawings or diagrams that illustrate the invention must be submitted as part of the application.
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Proof of Right: A document proving the right of the applicant to apply for the patent, such as an assignment deed or a statement of inventorship.
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Priority Document: If the applicant is claiming priority from an earlier application filed in a foreign country, then the priority document must be submitted.
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Power of Attorney: A power of attorney must be executed by the applicant authorizing a patent agent or advocate to act on their behalf.
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Statement and Undertaking: This document declares that the invention is novel and that the applicant is the true and first inventor.
It is important to note that the exact documents required for patent registration may vary depending on the nature of the invention and the type of application filed. It is recommended to consult a patent attorney or agent for guidance on the specific documents required for your application.
Process of Patent Application:
| Process Steps | Description |
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| Patent Search | Conduct a search to verify the uniqueness of the invention idea to avoid time-consuming procedures. |
| Patent Application Filing | Submit the patent application along with the necessary documents. It is recommended to seek professional assistance while drafting the application. |
| Preparing Patentability Report | Patent professionals or agents conduct a comprehensive study and provide a patentability report. Include all the required documents with the patent application. |
| Publication of Patent Application | The application is published in the patent journal within 18 months. A request for an early patent filing can be made along with the required fees. |
| Patent Examination | Submit a formal request for patent examination within 48 months of the patent’s first filing. An examiner performs a thorough investigation and issues the first examination report. |
| Patent Objections | Analyze the patent examination report and draft a proper response to objections. |
| Grant of Patent | If all the patentability requirements are met, the patent grant’s notification will be published in the Patent Journal. |
Patent Registration FAQ’s
What does a patent do?
Answer: A patent grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.
How to obtain Patent registration?
Answer: Patent registration can be obtained by following the steps of patentability/novelty research, drafting the patent application, patent application filing, patent application publication, examination, examination report issuance, and granting the patent.
Who can get patent registration?
Answer: Art, process, method, or manner of the manufacture, machine, apparatus, any products produced by manufacturing, computer software with technical application, and even product patent for food, chemicals, medicines, or drugs can obtain patent registration.
For how long is the patent registration valid?
Answer: Patent registration is valid for 20 years.
What information is required to obtain Patent registration?
Answer: The patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.
Why is it necessary to carry a Patent search?
Answer: A patent search is advisable to save time and effort, as many inventions are patented every year, and many of them are rejected as they are infringed.
Why TaxSeva for patent registration?
Answer: Expert help from TaxSeva saves time and effort required for registering a patent, and expert advice will help in obtaining a patent registration quickly.
Does an applicant get a chance to be heard in case if the patent registration is rejected?
Answer: Yes, the applicant has to submit a request for a hearing ten days before the expiry of the statutory period. If the applicant fails to do so, the controller may refuse the application without even hearing the inventors.