TRUSTLINK
TRUSTLINK


Patent Registration

What is Patent Registration?

Patent registration can be obtained in India for an invention. A patent is 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 the patent holder’s approval or consonant.

The primary step an inventor takes to safeguard their innovation from being exploited is to file a patent. Patent application in India is a time consuming procedure, with TRUSTLINK you can have your registration in a hassle free way.

Eligibility to apply for Patent Registration

Eligibility to apply for Patent Registration

A patent registration application for an invention can be made any of the following people either alone or jointly with any other person:

  • The true and first inventor.
  • True and first inventor’s assignee.
  • The representative of the deceased true and first inventor his/her assignee.
  • 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.
  • In the case of proprietorship firm the application should be made in the proprietor’s name.
  • In partnership firms, the names of all personally responsible partners must be included in the patent application.
  • An assignee can also be natural person or other than a legal person such as a registered company, LLP, Section 8 Company an educational institution or government.
  • The applicant is required to disclose the name, address and nationality of the true and first inventor.

Major benefits of Patent Registration

The flowing are benefits of patent registration:

  • A patent is a form encouragement for innovations and inventions .Once the applicant is granted the patent, they become the owner of the invention or the idea.
  • Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission.
  • Patent can be sold as well as licensed like other forms of property.
  • The inventor can also transfer the patent ownership.
  • A patented product improves the brand perception and potentially enables the business to charge a premium.
  • With exclusive patent rights, the patent owner controls the use of the invention for 20 years and longer.
  • International Patent Protection Scheme, reimbursement of upto Rs15 lacks or 50% of total expense incurred for MSME international patent filing is provided by the Government.

 

Process of Patent Application

Patent Search

You must verify that your invention idea is unique in order to file a successful patent application. A patent search will confirm this, and the client will be able to avoid time consuming procedures.

Patent Application Filing

Patent Filing is considered to be the most crucial aspect. The whole process specification is a specialized task that requires expert guidance to complete successfully.

Preparing Patentability Report

Patent professionals or agents will conduct comprehensive study and provide a patentability report. As a result, the applicant must include all of the required documentation with the patent application.

Publication of Patent Application

Within 18 months, the application is published in the patent journal. A request for early patent filing can be filed along with the required expenses. Every patent application in India is kept confidential until it is formally published in the patent journal by the Indian Patent Office.

Patent Examination

There will be a formal submission of a request for patent examination within 48 months of the patent’s first filing. If the applicant fails to file within the specific time , the patent office will treat the application as withdrawn. After that, the examiner performs a thorough investigation and issues the first examination report, known as patent prosecution.

Patent Objections

Patent applications also receive objections, so it is mandatory to analyze the patent examination report and draft a proper response to the objections.

Grant of Patent

Once all the patentability requirements are met, the grant patent’s notification will be published in the Patent Journal.

Documents required

  • Patent application in Form-1
  • Proof of right to file application from the inventor .The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form 2 within 12 months of provisional specification.
  • Statement and undertaking under Section 8 in Form-3, if applicable Form 3 can be filed along with the application or with 6 months from the date of application.
  • Declaration as to inventor ship in Form 5 for applications with complete specification or a convention application or a PCT application designation India.
  • Power of authority in form 26, if patent application is being filled by a patent agent.
  • Priority document must be filed in the following cases:
  • Convention Application (under Paris Convention).
  • PCT National Phase Application where in requirements of Rules 17 .1 has not been fulfilled.
  • Priority documents must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
  • If the Application pertains to a biological material obtained from India, the applicant required to submit the permission from National Biodiversity Authority any time before the grant of the patent.
  • The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  • The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  • All patent applications must bear the sign along with date and name of the applicant or authorized person or patent authority.

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