Patent registration is crucial for all the inventors, entrepreneurs, and businesses those who are looking to protect their intellectual property. When you obtain a patent then you will gain an exclusive rights on your inventions, this will help to prevent other from making, using or selling without your permission. It todays digital age obtaining and applying for the patent registration online is a very effortless and seamless task. Through the online process you are allowed to make it easier than ever to protect your innovations.
The Patent Act 1970 and the Patent Rules 1972 regulates the patents in India. A patent after it’s registration is valid for 20 years. In a few cases it might happen that the time period for validity might be extended. It only happens in a few cases where the Patent office finds it’s necessary.
Patent Registration is the official online process to obtain secure legal protection for the innovation. A Patent grant the investors an exclusive rights to their creation for a specific period,typically 20 years from the filing date. This protection ensures that other cannot commercially exploit the invention without the patent holders consent. Patent are generally granted for new and useful inventions, including processes, machines, manufactured products and compositions of matters.
When you apply for the patents then must understand the types of patents that is required for the registration to secure your innovation:
It is essential to apply for the patent registration as soon as possible after finalizing your inventions. in most of the countries patent is granted on the “First To File” basis. It means the patent rights is goes to that person who applied first for the for the invention. Delaying your application can risk losing your rights if someone else files a similar invention before you do.
Apply for the patent registration online includes several steps. If you think that the process of the registration is daunting then you must understand this by the mentioned process of Patent Registration In India:
The patent registration online for the innovation contains several advantages that are:
By choosing to file online, you contribute to environmental sustainability by reducing the need for paper-based processes.
When you are filling for the patent application then you must add the specific documents. This is necessary to ensure that submission is complete and meets the legal requirements. The key documents that required include:
The applicant should be the first inventor of the invention or the idea can apply for the patent registration. An applicant could also be an assignee of the person who is the first inventor of the idea who is assigning his invention to another person. The applicant applying for the patent could also be a legal representative of a deceased person who was entitled to make this patent application before his death.
Anything which is novel which means that it does not exist previously or is not already patented. It is important that the invention or the idea is not very obvious and the idea should be very much significant. A person cannot get everything patented. There are ideas or inventions that cannot be patented. As we know, ideas that are novel, innovative and are capable of industrial application are patented in india. Section 3 and section 4 of the patents act, 1970 enumerates the 999 which can not be patented. the which cannot be patented and section3 enumerates such *** that cannot be patented. For instance mere admixtures, methods of agriculture or horticulture, process for the medicinal or other treatment.
The advantages of running a patent search is that it tells you about the competitive environment. Moreover you know whether or not your idea is already patented. Once your search is complete and you know that your idea is not patented yet you can proceed towards the filing process. If your idea gets patented you enjoy exclusive rights which stops any other entity from copying, manufacturing, selling or importing your invention or idea. We do a thorough Patent search and look into it that your idea or invention or product is inventive, Novel and Industrial applicable. It is very important because we want to
The entire process of Patent search can be a little time taking and challenging. You can always take the help of your advocates to help you with the patent search. As it is the very first and an important step towards the patent registration process you can always approach your advocates to help you with it. We have a team of experts who hold expertise in conducting Patent searches. We see that your patent falls under the category of patentable idea or innovation.
There are different types of applications that are filed for the registration of a patent.
This application is the first and the foremost document to be filed under the filing of the patents. A non-provisional application also serves the same purpose.Ordinary or Non-Provisional application is filed if the applicant doesn’t have any priority to claim or in a case where the application is not filed in pursuance of any preceding convention application.
A convention application is filed for claiming a priority date based on the same or substantially similar application filed in any of the convention countries. The applicant is required to file an application in the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.
This application can be filed within 12 months of the filing date/ priority date. A PCT Application is an international application to streamline the patent application process in many countries at one go. It is governed by the Patent Cooperation Treaty and can be validated in up to 142 countries.
It is an international application, it can enter the Indian National Phase within 31 months from the Priority Date or international Filing Date whichever is earlier.
Divisional application is filed if the applicant wishes to divide an application to furnish two or more applications if a particular application claims for more than one invention. The priority date for divisional application is similar to that of the parent application.
This is the service where the applicant gets a provisional right in other words it means a non- permanent right is given to the applicant. When the person has an idea but doesn’t have complete technical information regarding it and needs more time for experimentation. This application basically means a temporary application which is filed by us when our clients or the applicants’ idea still needs more examination and experimentation henceforth needs more time to get finalized.
Provisional patent registration is obviously not a final legal document; it is the very first step towards the registration of the patent. But this service helps you get a priority date for your idea.Moreover, it is an optional step; it is not mandatory to opt for a provisional patent drafting.
The first step is to disclose your invention to the professional. This is done by signing a non-disclosure agreement. After this you can decide if you want to go ahead with the patent application filing. This is one of the most crucial steps of the entire process. It requires both technical and legal understanding. If not drafted the right way, all the effort you put in gets wasted. Hence it’s a good idea to take professional help.
Once we have completed the drafting and filing of the application for the patent registration we apply for a request for the publication to the Indian Patent Office.
After the above discussed step the other step is to wait for any objection if raised by any other people or entities. On the issuance of the examination report it might happen that other entities raise objections. The applicant gets an option to clarify all the objections.This request for the examination is time bound and has to be made within 48 hours from the date of priority of the application.
There is a time limit until when the applicant can meet the objections and can comply with the requirements. So the applicant has to comply with the requirements within 6 months which may be further extended for next 3 months on making a legit request. It states that an applicant thus gets a period of 9 months to meet all the requirements but failure to the same or non compliance would result in the abandoning of the application.
If the applicant does non comply with the requirements raised by the patent office within the specified time period The patent office would consider the application abandoned. The client’s application would be treated abandoned and the process shall have to be started over.
Once all the objections are removed and the patent application is objection free and the applicant has duly com[lied with all the requirements raide \by the patent office will examine the entire thing again before they actually grant the patent to our client.
If the application meets all the prescribed requirements, it is placed in order for the grant. Usually, the final grant of the application is notified through a journal.
