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Patent Registration

Background

A patent is a legal right that grants the inventor exclusive rights to an invention for a set period. The Patent Act of 1970, as well as the Patent Rules of 1972, provide guidelines and rules for the same in India. The patentee retains intellectual property rights to his or her invention after securing a patent registration.

Any patent that falls under the public domain is granted tenure of 20 years according to the rules. Once a patent is granted by the patentee authority, he controls all rights about the product or the product production process for whichever patent is obtained.

Uses

  • Selling
  • Importing
  • Exporting

No one else can use or duplicate it without the consent of the patent proprietor after the product or process has been patented. To get the patent for the desired product, uniqueness should be proven first and the government prescribed eligibility should be clarified. "The Patent Officer, Controller general of patents, designs and trademarks" should be requested for this purpose on the http://www.ipindia.nic.in web portal


Criteria for Filing a Patent

The following points are considered by the patent proprietor for filing a patent :

  • Industry Applicability

    The invented product or process should have positive benefits to the aspired industry

  • Novelty

    Uniqueness is extremely important. Before the date of application, the product or process for which a patent has been requested should have not been published anywhere. This should be a new development on the ground.

  • Non-Obviousness

    There must be an element of the invention that is not obvious or surprising. It should be based on the abilities of a person who is not often observed on the ground. It must be special and amazing.


Importance of Obtaining a Patent Registration

If a person believes his invention is unique and it shall be protected, it should be patented The advantages enjoyed by registering a patent are:

  • Legal Protection

    If a person has a unique invention and has received a patent registration for the same, he receives full legal protection against the violation. If someone attempts without permission to use or duplicate his invention, he may be taken and sued for damages.

  • Patent Validity

    The patent proprietor has 20-year legal protection over his invention

  • Asset Creation

    With a lock-in time of 20 years for a single invention, the patentee can use his/her unique creation commercially under legal protection against infringements. As it is an intellectual asset the applicable field becomes a good business platform for the patentee

  • Transferability

    The registration of a patent gives patent proprietors the right either to transfer or sell the patent proprietor's unique product or monetary or other benefits.


Procedure for Patent Registration

  • 01.
    Patent Search

    The applicant shall ensure the uniqueness and non-obviousness of his invention even before applying for patent registration. To do the same, a patent search must be carried out. In the event of a patenting of a similar product or process, a patent registration will not be obtained.

  • 02.
    Patent Domicile

    Before filing for registration the applicant should ensure, as patent registration is only valid for the country in which it is registered, which countries he/she desires patent protection. A person applying for patent registration in India, for example, only for India when he or she has to register in that country shall legal protection over its invention.

  • 03.
    Application Filing

    An application needs to be filed along with

    • FORM 1: For the patent registration application.
    • FORM 2: For full product or process specification.
    • FORM 3: For declaration and undertaking by section 8 of the 1970 Patents Act.
    • FORM 5: For declaration of Invention
    • FORM 9: For publication application
    • FORM 18: Requested by the Product or Process Review Board.

Along with this other documents shall also be attached for review which are

  • Permission from the National Biodiversity Agency to use biological materials obtained by the invention of the product from India.
  • Document indicating the source of every bio-product used in the invention.
  • Any additional permissions or documents if required.
  • Upon submission of all documents, all similarities with a pre-existing patent are reviewed and examined. If everything is cleared and a unique and unambiguous invention is established, the patent is granted.
  • The verified application is updated on the official portal of the Ministry of Commerce, Industry, and the Government of India.

The completion of a patent certificate takes almost one year. You can download the files together with the attached fee form www.India.nic.in>Forms and fees.

After the revision and examination of the desired product of services, the government gives a patent, but in India, there is still a group of products and processes which cannot be patented:

  • Any invention which conflicts with nature's laws
  • Any invention that damages the animal, plant, or human health or life
  • Any medical procedure to free animals from disease
  • Any inventions that are excluded in the 2002 Patent Act to support agricultural growth
  • Any invention on nuclear energy
  • Any invention relating to art such as literature, music, drama, or film.

Therefore, the applicant should ensure that all eligibility requirements are clarified before entering the long procedure of applying for patent registration and that all related documents are well filed.


Frequently Asked Questions ?

Patent registration is called intellectual property by the legal system for a unique invention by a single person or company.

It takes nearly a full year to obtain a government patent certificate.

The validity of a patent registration only applies to the country in which it has been registered for 20 years. It then falls within the public domain.

  • FORM 1: For the patent registration application.
  • FORM 2: For full product or process specification.
  • FORM 3: For declaration and undertaking by section 8 of the 1970 Patents Act.
  • FORM 5: For declaration of Invention
  • FORM 9: For publication application
  • FORM 18: Requested by the Product or Process Review Board.

A detailed view can be found on the official portal www.ipindia.nic.in>forms-and-fees in many conditions and categories defining the charge for obtaining a patent registration.

Originality means the product's uniqueness. The uniqueness is extremely important. Before the date of filing of a patent application, the products or process for a patent should not have been published. A new development in this field must be mandatory

The benefits enjoyed after receiving the patent certification are :

  • Legal Protection
  • Patent Validity
  • Asset Creation
  • Transferability

It allows the patentee to use his unique creation commercially under legal protection from infringements with the 20-year lock-in for a single invention. The field in question becomes a good business platform for the patentee because it is an intellectual asset and offers good opportunities to build a property.

The government portal contains a comprehensive list of products not subject to patent registration.

  • Any invention which conflicts with nature's laws
  • Any invention that damages the animal, plant, or human health or life
  • Any medical procedure to free animals from disease
  • Any inventions that are excluded in the 2002 Patent Act to support agricultural growth
  • Any invention on nuclear energy
  • Any invention relating to art such as literature, music, drama, or film.