Patent Registration

Advantages

  • Establishes a public record
  • Right to sue infringers in court
  • Creation of Goodwill
  • LegalProtection to Work
  • Marketing

Patent Applications

  • Ordinary application
  • Conventional application
  • Provisional application
  • PCT International application
  • PCT National phase application

Meaning of Patent

A patent can be defined as a form of intellectual property that grants the right to its owner to expel others from using, making, selling or importing the invention for a definite span of time, in exchange of releasing a sanctioning public acknowledgement of the creation. In simple words, a patent is a secured invention or the special right given to an inventor by a government to manufacture, sell or use the invention for a defined number of years.

Patent Registration

In India, patent registration is applicable either with provisional or complete specification. It is a preliminary step where an applicant files the patent application where he/she feels that the invention has turned to reach such a stage wherein it can be disclosed on paper but has not attained its final stage. It is an option to secure and temporarily protect their invention in an inexpensive way until they decide to file the full patent application or an application with complete specification.

Provisional Patent

Provisional Patent has a pendency period of 12 months from the date of filling after which the inventor is required to file a complete specification in order to take advantage of provisional specifications. If the inventor fails to file the complete specification within the period of 12 months the patent application with provisional specification is deemed to be abandoned.

Points to be covered while Drafting Provisional Specification

Criteria For Registration

In India, Patent laws are governed by the Indian Patent Act, 1970 which looks after the registration, renewal, transfer, and protection of patents in India. Following criteria must be fulfilled in order to identify the patentable article:-

Procedure for Filing a Patent Application

  • 1

    Documents Required

    It is always advisable to conduct a patent search in case of registration of any intellectual property right which will help the inventor or Patent Attorney to identify the novelty of the patent and its obviousness. It helps the inventor to draft the patent application in a better way and also to extend the scope of its invention which distinguishes it from the existing inventions.

  • 2

    Patent Drafting

    After conducting a patent search, the application is prepared in a techno-legal language known as specification i.e. either provisional or complete. The Provisional specification is always prepared without claims and the complete specification is prepared with claims. The inventions state the description of the invention beginning with the field of invention, background, object and statement of invention and best possible method to perform an invention which can be performed by the skilled person.

  • 3

    Patent Application Filing

    A Patent application is filed for obtaining a patent which can be either filed as a provisional application or a complete specification.

    A Provisional specification is filed in order to obtain a priority date over other applications. An application is prepared according to the Indian Patent Act, 1970 consisting of a series of forms.

    If the applicant opts for provisional specification a time period of 12 months is allowed to file a complete specification.

  • 4

    Patent Publication

    After completing the above-mentioned process, the application is published in an official journal after the expiry of 18 months from the date of filing or date of priority whichever is earlier. The Patent, when published in a journal, is open for objection (if any).

  • 5

    Patent Examination/Prosecution

    After publication, a request for examination is to be filed within 48 hours of filling date or date of priority whichever is earlier.

    Thereafter, the patent examiner inspects the patent application and issues an examination report which contains a series of objections if any raised by the examiner.

    Subsequently, to the result of the examination report, it has to be filed within 12 months from the issue of the examination report.

    If the examiner thinks fit to call and conduct a hearing with the applicant or its agent this process is termed as Patent Prosecution.

  • 6

    Granting The Patent

    If the examiner is satisfied with the response provided by the applicant or its agent, the application is put in order for grant and if the examiner is not satisfied with the reply and arguments then he may reject the same.

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FAQs on Patent Registration

The patent filing is important in order to possess an exclusive rights over the invention. If one doesn’t protect the same under the law, anyone can exploit it commercially once it becomes available to the public. The patent is also protected to restrict others from utilizing, selling, or making copies of the same.

There must be an invention which needs to have below mentioned three main qualities to be patentable:

  • Patentable subject matter which is decided in accordance with section 3 or 4 of the Patent Act List
  • novelty which means it should be a new invention with no same or similar prior arts.& it should not have been published in a public domain.
  • The step taken for registration must be an inventive step not obvious to a person skilled in the same file to which such invention relates.
  • The invention must have a practical utility which means it should be capable of being applied in any industry.
  • Claims are not recorded under the provisional specification; they are covered under complete specification

New invention means any invention or technology with respect to a product or process which has not been anticipated by any publication in a document or used in the country or elsewhere in the world before the date of filing of the application with complete specification, i.e. the subject matter has not appeared in public domain or that it does not form part of the state of the art.

A patent application can be filed either by first and true inventor or his/her assignee, either alone or jointly with any other person.

In case of any deceased person his/her legal representative, who immediately before his/her death was entitled to file an application for patent

The application for patent can also be made by the virtue of an assignment of the right to apply for a patent for the invention.

A provisional specification is a patent document which is filed to establish priority of the invention in case the disclosed invention is only on a conceptual stage and a delay is expected in submitting the full and specific description of the invention.

Provisional Patent has a pendency period of 12 months from the date of filling after which the inventor is required to file a complete specification in order to take advantage of provisional specifications. If the inventor fails to file the complete specification within the period of 12 months the patent application with provisional specification is deemed to be abandoned.

A Complete Specification is a techno-legal document which contains full scientific details of the invention and claims to the patent rights. For obtaining a patent, an applicant must be fully and particularly describe the respective invention therein claimed in a complete specification. The disclosure of the invention in a complete specification must be made such that a person skilled in the art may be able to perform the invention.

The Publication of an invention before filing of the patent application would disqualify the invention to be patentable because of the disclosure of invention by way of publication is detrimental to novelty of the invention.

Hence, the inventor should not disclose their inventions before filing of the patent application. The invention should be considered for publication after a patent application has been filed.

Every application for patent is published after the expiry of 18 months from the date of its filing or priority date whichever is earlier. However, following applications cannot be published.

  • Application in which secrecy direction is imposed
  • Application which has been abandoned u/s 9(1) and
  • Application which has been withdrawn 3 months prior to 18 months

The every application when published should include the particulars of the date of application, number of application, name and address of the applicant along with the abstract.

The time period of every patent granted under the Patent Act is 20 years from the respective date of filing of the application for Patent.

Like any other Intellectual Property Rights, Patents is also territorial in nature and therefore are effective only within the territory of India.

However, for filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries, within or before expiry of the 12 months from the filing date in India.

Separate patent is to be obtained in each country where the applicant wants to have a protection of his/her invention in those countries. There is no patent valid worldwide.