How to apply for patent in India?

Apply for Patent in India

A patent is regarded as the protection granted by the law to an innovation from being sold, distributed, traded, manufactured or imported without the consent of the patentee, giving them sole rights of ownership to the invention. Patent registration in India is process which involves a lot of work but should never be delayed whatsoever. To apply for a patent, it is necessary for the invention to satisfy the criteria of novelty, inimitability, an inventive step, and having industrial use. This means that an invention should be seen as an innovation which is truly new and unique in nature and also has economical and industrial use. In India, an invention should also not fall under the basic requirements of non-patentable inventions due to the basic requirements set out in the Patents Act, 1970. Although having a unique and new invention makes patentability feasible, it is necessary for a person to also apply for patent registration in India which is long process.

How do I apply for patent registration in India?

Before applying to register for a patent an applicant should begin with a patent search. A patent search is conducted in order to determine whether their invention which they seek to gain a patent upon already has an existing patent for a similar invention. This search also can help determine whether a person should continue the process to apply for patent as a patent cannot be granted on an existing invention as well an invention which the Indian Patent Office observes as a perceivable modification on an existing invention. A patent search is conducted usually by a legal professional as they have access to many journals and databases of patent related material.

After the patent search having been conducted an applicant can further proceed to apply for a patent at the respective patent office by filing the patent registration application. Within a month of the application being numbered and filed, the Indian Patent Office sends a preliminary objection letter. Within this letter the Indian Patent Office raises issues with the inventions seeking to be patented and in order for the patent registration to precede forward the applicant has to comply with the changes proposed. The Official Gazette later publishes the application after the amendments have been submitted successfully making it open to public for span of eighteen months unless the applicant requests early publication through the filing of a specific form requesting for the publication prior.

The applicant is further required to then request for the examination of the patent filed requesting for what is known as the First Examination Report. This request is in order for the office to find lacuna existing within the application and determine what altercations are needed for the patent to proceed. The examination is requested within the prescribed time of thirty-six months from the date of priority. The First Examination Report is then submitted to the Controller General of Patents, Designs & Trademarks by the examiner and is produced to the applicant within the span of three months from the date of request. The Report will then raise objections on the basis of substance and procedure. The objections which have been raised have to be altercated and conformed with by the applicant within the times worth of six months in order to gain the grant of the patent successfully. The application will then finally be placed within the queue of gaining a patent and be granted a patent for their invention for the life span of twenty years when all the requirements are satisfied. The granted patent will further be published within the official journal of the patent office in order for it to be accessible and searched upon by others during a patent search. A patent can be renewed after it has expired as long as the correct procedure is followed with the prescribed fees required being paid.

You can apply for patent registration in India also by electronic means through the online portal of the Indian Patent Office at ipindiaonline.gov.in by filing the requisite information all through the modes of electronic disposal making the patent registration.

Why you should apply for patent.

The benefits to apply for patent are of a great number. One of the most known and one of the most incentivized means of gaining a patent is in order to get the sole rights on the invention and to generate profits by either manufacturing, trading, selling, importing, or licensing the invention. These wide ranges of opportunities for a person to create profits make the process of innovation more exciting for a person in order to create something truly unique. If the innovation succeeds in the patent registration application then the gained patent protection also provides the patentee security to develop and improve their invention without having the fear of another entity misappropriating or using the invention without the proper legal consent of the patentee. A patent can also help an inventor create a whole business entity just by the means of their invention and start a whole industry if the patent is deemed successful. The perks of having a patent truly enable an entity to have a plethora of benefits.

It is also advised that professional legal assistance should be initiated by an entity in the process to apply for patent.

Here at Company Vakil we make the long and hectic procedure of patent registration easier than ever for all future and prospective patentees. With our team of expert legal personnel with vast amount of legal knowledge and experience with patent filing, the procedure for gaining a patent is not much further than a click away as the services are all rendered online at some of the most economically accessible price ranges available. Our team of well-versed experts in the field of intellectual property including services like trademark registration, Copyright Registration provides for a stress-free method of completing the patent registration application for an applicant without having to indulge within the difficult and tedious legal work and gaining all the benefits and luxuries of having a patent.

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