Procedure for Patent Registration in India

Introduction

The Patents Act of 1970 regulates patents. To obtain a patent in India, a number of steps must be completed during the patent registration procedure. Here, we will discuss the definition and procedure for Patent Registration.

What is a Patent?

According to the Patents Act of 1970, an inventor in India who applies for a Patent is shielded from any Patent infringement. A Patent is a privilege that the government grants to a person or business about their original innovation. Additionally, it provides the creator of a certain item the sole authority to produce, utilize, and market its invention for a predetermined amount of time.

What is Patent Registration in India?

Through patent registration, the patentee obtains complete ownership of the Patented product or manufacturing method, including full rights to regulate its manufacture, use, sale, and import. The Patent registration procedure grants a person or business intellectual property rights over an innovation. It grants the patentee the only authority to develop, employ, market, or import the good or services and forbids others from doing the same. 

Additionally, it guarantees that the owner will be given preference over others for their particular innovation. Not all ideas are eligible for Patenting, and Patents only last for 20 years. A provisional Patent application may be submitted if the concept has the potential to develop into an invention.

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Why is Patent Registration important in India?

• Safeguards your creation

A Patent is a form of intellectual property that protects your invention by forbidding unauthorized use of it. You have complete ownership of the rights, which discourages rivals.

• 20-year Patent exclusivity

For a predetermined period of 20 years, your innovation is shielded against infringement.

• Reserved Rights

Enabling the Patent holder to charge more for the innovation also increases the revenue for your business.

• Transferring or selling Patent rights

After your Patent has been registered, you are free to sell, give away, or franchise it.

• Status of the creator

Once the Patent is registered, the inventor’s credibility will rise.

• Enough money

Even if it only offers a reduced royalty rate, it is nevertheless quite helpful for those with innovative concepts.

Different Types of Patent

• Design Patent

All decorative designs of a practical object are covered under design Patents. Examples of things that can be given a design Patent include spoon shapes and printer designs.

• Plant Patent 

The Patent awarded on plants is covered under the Plant Patent. When new plants are created by asexual methods like cutting, vegetative propagation, and other similar procedures, a plant Patent is given. However, India does not issue plant Patents.

• Utility Patent

All novel innovations, substantial modifications, and improved processes or products with some utility are covered under Patents. By prohibiting any third party from using, selling, or producing the invention in issue without formal authority, the Patent safeguards the inventor’s ownership rights over his idea.

Place of Patent Registration

Patent applications should be submitted to the relevant Patent Office. A Patent office’s territorial jurisdiction is determined using the following criteria:

• The location of the applicant’s place of residence, domicile, or business (the first-mentioned applicant in the case of joint applicants).
• A location where the innovation first appeared.
• When the applicant does not have a place of business or residence in India, the applicant provides an address for service in India (Foreign applicants).
• The Indian Patent Office operates out of Kolkata, Delhi, Chennai, and Mumbai to facilitate the registration of Patents.
  

Procedure for Patent Registration in India

• Searching to see whether the innovation is Patentable

One should do a thorough Patentability investigation to ascertain whether or not a Patent for it would be available before submitting a Patent application in India. To check for Patentability, click the following link: https://tmrsearch.ipindia.gov.in/tmrpublicsearch/ It should be emphasized that this step is not required in and of itself.

• Patent Application Drafting

The next step is to construct an application form in Form 1 once the search is finished.

A Patent specification must be submitted with every application. Form 2 must be completed, and depending on the invention’s stage, either a complete or tentative specification must be provided. If a provisional application is submitted, a 12-month window is given to finish the invention and submit a full application. The Patent draught is regarded as a crucial document since the Patent office will use it to determine whether or not to award a Patent.

• Indian Patent Application Filing

Stages-

1. Form 1: Request for Grant of Patent

2. Complete Provisional Specification-Form 2

3. Statement and undertaking under Section 8 (only necessary when a Patent application has previously been submitted in a nation other than India) – Form 3

4. Inventorship Declaration – Form 5

5. Only small businesses and startups should submit forms such as Form 28.

• Patent Application Publication

The official Patent journal will publish all Patent applications submitted to the Indian Patent Office. Typically, this is carried out 18 months after the application is submitted. If someone wants to have it published sooner, they can request early publication in Form 9. If the Indian Patent Act restricts publishing a Patent, the Patent will not be published in the journal.

• Patent Application Examination

Before a Patent is officially issued, every application for protection submitted will be reviewed. Applications for the exam must be sent in Form 18. The sooner a request is submitted, the sooner the examiner will review the application.

After the application is submitted, it is given to the Patent officer, who will review it to ensure it complies with the laws and regulations governing Patents. The officer conducts a comprehensive investigation, thoroughly analyzing the pertinent technologies and communicating any complaints. The First Examination Report is the document that was issued in this case.

• Patent is granted

Once the officer’s concerns have all been addressed, the Patent is issued.

People Also Read: Things to consider while going for a provisional patent application

Cost of Patent Registration in India

Fees that Must Be Paid for Different Heads of Patent Registration 

1. Electronic Filing

2. Actual or Physical filing

People Also Read: Cost for Provisional Patent in India

Conclusion

Realizing that Patent Registration in India is a difficult operation that requires meticulous attention to detail and strict adherence to deadlines is crucial. Every step must also be properly followed. To learn more about patent registration in India, contact us now.  

Frequently Asked Questions

1. What is a Patent?

A Patent is a government-granted privilege that gives an inventor or business exclusive rights to produce, use, sell, and import their invention for a set period (usually 20 years). It protects your creation from unauthorized use by others.

2. What is Patent Registration in India?

Patent registration grants a person or business intellectual property rights over an invention. It allows them to control the production, use, sale, and import of the invention and prevents others from doing the same.

3. Why is Patent Registration important in India?

• Protects your invention from unauthorized use.
• Grants you exclusive rights for 20 years.
• Allows you to potentially charge more for your invention.
• Enables you to sell, license, or franchise your Patent.
• Increases your credibility as an inventor.
• Provides financial benefits, even if through royalties.

4. What are the Different Types of Patents in India?

• Utility Patent: Covers new inventions, substantial modifications, and improved processes or products.
• Design Patent: Protects the ornamental design of an object (e.g., shape of a spoon).
• Plant Patent (Not Available in India): Protects new plant varieties created asexually.

5. Where can I register a Patent in India?

Patent applications are submitted to the Indian Patent Office, which has offices in Kolkata, Delhi, Chennai, and Mumbai.

6. What is the procedure for Patent Registration in India?

1. Patentability Search: Check if your invention is patentable.
2. Patent Application Drafting: Prepare the application form (Form 1) and specification (Form 2).
3. Filing the Application: Submit the completed forms and documents.
4. Publication: The application is published (usually after 18 months).
5. Examination: The Patent Office examines the application.
6. Grant of Patent: The Patent is issued after addressing any concerns.

7. What is the cost of Patent Registration in India?

The cost varies depending on factors like filing method (electronic or physical) and type of applicant (individual, small entity, etc.).

8. Do I need to conduct a Patentability Search?

While not mandatory, a Patentability Search is highly recommended to understand if your invention can be patented.

9. What happens after the Patent application is published?

Anyone can review the published application and potentially oppose the grant of the Patent.

10. How long does the Patent Registration process take?

The entire process can take anywhere from 2-4 years, depending on the complexity of the application and any objections raised during examination.