Patent Registration

An invention is a product or a technique that, in general, offers a new way of doing something or presents a new technical solution to a problem. A patent is an exclusive right awarded for an invention. Technical details concerning the innovation must be made public in a patent application in order to obtain one.

One obtains intellectual property rights to an innovation made by a person or a business after the patent registration process. The government will give you the entire permission to sell your goods if it is unique. It gives you complete permission to create, utilize, market, or import the good or services and forbids others from doing so. The Patent Act of 1970 and the Patent Rules of 1972 regulate patents in India. A patent is valid for 20 years. Most of the time, this time frame is set, although it could occasionally—and only with a congressional act—be extended for a few years.

Fundamental requirements must be met for an invention to be patentable

  • The creation must be brand-new, which implies it can’t already be found.
  • The invention must not be evident, which implies that even someone with extensive knowledge of the subject matter of the invention might not be able to come up with it without using or developing exceptionally extraordinary mental abilities.
  • The invention must also serve a genuine purpose and be advantageous to humankind. Patenting is not permitted for innovations that are illegal or useless..

What In India Is Not Patentable?

The following innovations are not patentable in India, according to Sections 3 and 4 of the Indian Patent Act:

  • An unnecessary or inconsequential invention
  • Any invention that makes a claim that is manifestly at odds with recognized natural laws
  • Simply identifying a scientific principle
  • Additionally, an invention whose main objective or planned usage is against the law, morality, or harms public health
  • the creation of a hypothesis that is abstract
  • Furthermore, the mere finding of a novel version of a recognized chemical does not increase that substance’s proven efficacy.
  • The mere application of a known method, device, or process, without producing a novel end-product or using at least one novel reactant, or the sheer finding of any novel property or use for a known chemical.
  • A material produced by a technique that involves nothing more than a simple mixing that just aggregates the qualities of its constituent parts
  • Similar to that, the simple arrangement, rearrangement, or duplication of known devices that all operate separately and in a known manner
  • A horticultural or Agricultural technique
  • Innovations involving atomic energy
  • Any procedure for treating people, animals, or other beings in a medical, surgical, therapeutic, prophylactic, or other manner
  • Other than microorganisms, all forms of plants and animals, including their seeds, variations, and species, as well as practically all biological processes used in the growth or reproduction of plants and animals.
  • A technique used in business or mathematics, a computer program in general, or algorithms
  • A literary, theatrical, musical, or artistic work, or any other form of aesthetic expression, such as a film or television production
  • In a similar vein, a simple plan, guideline, or technique for carrying out a mental act or game
  • Information presentation
  • The integrated circuits’ topography
  • An innovation that effectively incorporates or integrates

Documents for filing Patent Registration Application

Following are the documents that are required:

  • 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.

Patent registration procedure

In order to register an innovation in accordance with The Patent Act, of 1970, a patent registration application must be submitted to the appropriate authority. An innovator will have exclusivity over his or her creation with patent registration. A patent registration application should be submitted to prevent any infringement-related disputes in the future.

The points below must be taken into account for patent registration in India:

Patent Search: Before submitting a patent registration in India, you must be informed of the invention’s no obviousness, and a patent search is carried out for this reason.

Patent Domicile: Indian patents are only valid in India. Only in India and nowhere else is your idea covered by a patent registration. However, you can also safeguard your invention abroad. For this reason, a separate patent registration application must be submitted for each country.

Making a Patent Registration Application: The intellectual property office receives a patent registration application together with the necessary details regarding the innovation.

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 a 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 the Government of India. For the grant of a patent certificate, it takes around one year.

 

Patent steps

How does one apply for patent renewal and what is it?

The Patent must be renewed annually in order to remain in effect. A patent must be renewed on a regular basis; if it is not renewed, it ceases to exist and enters the public domain. A patent may be extended in India for an additional year by completing a renewal application and paying the required fees. At the conclusion of the second year following the date of patent registration, the patent renewal fee is due.

When a patent ceases to be in effect due to non-payment of renewal fees within the allotted time, it can only be saved by filing a restoration application using the appropriate Form-15 during the allotted time.

What is the duration of an Indian registered patent?

In India, a provisional or complete patent registration application must be filed before a patent can be granted. It would become public property following the required 20 years.

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