Patent Registration is important for every inventor to protect their invention from get copied. The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India. Need to protect an invention? Discuss with our experts
Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.
Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.
Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India’s database to check if there is an object or invention that is the same or similar to the applicant’s invention.
However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.
A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:
According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
The applicant is required to disclose the name, address, and nationality of the true and first inventor.
he Patent Act states that for an invention to be patentable, the invention must be a new product or process that involves an inventive step and can be used in the industry. For an invention to obtain patent registration, it should be technical and meet the following criteria-
Novelty – The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.
Inventive Step – The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.
Industrial applicability – Invention should possess utility so that it can be made or used in the industry
In India, there are three main types of patent applications that can be filed, as follows:
Non-Provisional Patent Application: This is the most common type of patent application filed in India and is used to protect a new and useful invention or an improvement to an existing invention. The application must be filed with the Indian Patent Office, and it will undergo examination before a patent is granted.
Provisional Patent Application: This type of application is similar to the provisional patent application mentioned in my previous response. It is a temporary application that can be filed to establish a priority date for an invention. A non-provisional application must be filed within 12 months of filing a provisional application to obtain patent protection.
Convention Patent Application: This type of application is filed by an applicant who has already filed a patent application in a country that is a member of the Paris Convention. The convention application is filed in India within 12 months of the first patent application, and it can claim priority based on the earlier filing date.
To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.
Patent Filing is considered to be the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice.
Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.
The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.
After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.
For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.
Within 48 months from the patent’s first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
Patent applications also receive objections, so it is mandatory to analyze the patent examination report and draft a proper response to the objections.
Once all the patentability requirements are met, the grant patent’s notification will be published in the Patent Journal.
The benefits of filing a patent in India can include the following:
Exclusive rights: As mentioned earlier, a patent provides exclusive rights to the inventor, allowing them to use, manufacture, sell, and license the invention for a period of 20 years from the date of filing the patent application.
Legal protection: A patent can provide legal protection against infringement of the invention by others, allowing the inventor to take legal action against any unauthorized use, manufacture, or sale of the invention.
Market advantage: A patented invention can provide a competitive advantage in the market and increase the value of the company. It can help attract investors, secure partnerships, and generate licensing opportunities.
Incentive for innovation: The availability of patent protection can provide an incentive for innovation and promote research and development in various fields, which can contribute to the growth of the economy.
International protection: Filing a patent in India can also provide the opportunity to seek protection in other countries through international patent treaties, such as the Patent Cooperation Treaty (PCT).
Government support: The Indian government provides various incentives and support for patent filing and commercialization of patented inventions through initiatives such as the Start-up India program and the National Intellectual Property Rights (IPR) Policy.
In India, the validity of a patent is for a period of 20 years from the date of filing of the patent application. However, in certain cases, the patent may be subject to early termination or revocation.
A patent can be terminated early if the owner fails to pay the renewal fees required by the Indian Patent Office, or if the owner voluntarily surrenders the patent by filing a request for surrender.
A patent can also be revoked by the Indian Patent Office or by a court of law if it is found to be invalid or not meeting the requirements of novelty, non-obviousness, and industrial applicability. The patent can also be revoked if it is found to have been obtained by fraud or misrepresentation, or if the invention is found to be harmful to public health or morality.
In addition, a third party can challenge the validity of a patent by filing a post-grant opposition within one year of the grant of the patent, or by filing a revocation petition at any time after the grant of the patent.
A: In India, any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof, can be patented.
A: The time taken to get a patent in India can vary depending on the complexity of the invention and the workload of the Indian Patent Office. Generally, it can take around 2-4 years for a patent application to be examined and granted.
A: The duration of a patent in India is 20 years from the date of filing of the patent application.
A: In India, an inventor can protect their invention before filing a patent application by keeping it confidential, using non-disclosure agreements, and obtaining trademarks or copyrights for associated works.
A: In India, a patent application must be filed before any public disclosure of the invention. If the invention has already been publicly disclosed, the inventor may lose the opportunity to obtain a patent.
A: Yes, a patent can be transferred or licensed in India. The transfer or license of a patent must be recorded with the Indian Patent Office.
A: The patent owner can enforce their rights through civil proceedings, including injunctions, damages, and other relief. They can also seek criminal penalties for certain types of patent infringement.
A: While it is not mandatory to hire a patent attorney in India, it is highly recommended to do so. A patent attorney can provide guidance on the patent application process, help draft the patent specification and claims, and represent the applicant before the Indian Patent Office.
