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A Patent is a kind of reward granted by the government to the inventor in return of his disclosure of his invention to the public for the benefit of the society. It is an exclusive right of the inventor over his invention and the registration of the patent benefits the inventor to protect his invention. Such invention must be new and inventive solution to an existing technological problem. It must be capable of being used in an industry.
Registration of the patent helps the inventor or the patentee to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. In India, applications for registration of patents are processed by the Patent Office, Controller General of Patents, Designs & Trade Marks . You can register Patent all across the India with help of with Company Vakil.
Utility, novelty, an inventive step and industrial application are the important considerations for granting a patent right.
The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention.
What is Patent Registration in India?
A Patent is a right for an invention granted for a limited period of time to the inventor (also known as patentee) by the Government, in exchange of full disclosure of his invention for excluding others, from making, selling, importing the patented product or process without his consent.
Registration of the patent helps the inventor or the patentee to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. In India, applications for registration of patents are processed by the Patent Office, Controller General of Patents, Designs & Trade Marks.
The true and first inventor of the patent can apply for the registration of a patent. He shall be granted registration only if his invention is new or novel, involves an inventive step and is capable of industrial application.
A registered patent will have a validity of 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.
Registration of a patent has its own benefits such as the owner of the patent have legal protection of his invention and he is entitled to sue a person in case of infringement of his right. Registration of patent also grants monopoly and an exclusive right to the owner.
In India, applications for registration of patents are processed by the Patent Office, Controller General of Patents, Designs & Trade Marks. The process of registration of a patent is a crucial part and one needs to be thorough about the invention before filing the application for registration of the patent.
Now Some Intrinsic and trivial details about Patent Registration Process and Patent Prosecution Process in India :-
The following documents are needed to be furnished for the purpose of registration of a patent:-
Registration of a patent confers a list benefits to the patentee. The following are the advantages and benefits of registration of a patent:-
There are two types of costs involved in registration of a patent i.e.
We are India`s one stop tech legal registration platform aimed on making legal registrations efficient and affordable to end user, i.e. individuals, entrepreneurs or business owners.
Company Vakil with the help of technology and experts such as lawyers, Chartered accountants, company secretary makes registration error-free and seamless.
We provide variety of services such as Company registration, trademark registration, copyright, GST, Import Export Code Registration etc. You can also apply for Full or Provisional Patent registration in India with help of Company Vakil IP Law Experts.
Legal Experts at your Fingertips – At Company Vakil all your Online Patent Filing & Application queries are handled by experts at every stage, we have a team of lawyers, chartered accounts and company secretary to help you till your service is fulfilled
Money Back Guarantee – Company Vakil believes strongly in Customer satisfaction, and all our associates and professionals make sure you are provided with all the information required at every stage. Yet if you are not satisfied with the service provided we shall refund you the money.
Seamless Process – Through Company Vakil we try to make the process of registration as convenient and seamless as possible. With options like trademark and company search bar it is a breeze for a user to search the right name for their company.
Customer redressal – We at Company Vakil give upmost importance to customer’s satisfaction, that said we have a customer redressal team setup that outranks every other legal portal in the country, with an option to chat with our CEO if our team fails to fulfill your query.
In simple words, A Patent is a Statutory Right given by the government for having a Monopoly over an Invention to the Patentee (i.e. the Applicant) for a limited period of time.
When a Trademark is Deceptively similar or identical to an existing Registered or Applied Trademark, that Trademark can’t be registered. A patent can be either on an invented product or a process that is new and involves inventive steps and is capable of Industrial Application.
It is advisable to apply a Patent before Publication of invention, i.e. the Invention should not be published or disclosed in public as that might be detrimental to its Novelty and won’t be considered Novel anymore. However, in few cases there is an option for grace of 12 months for Patent Application filing.
Provisional Application is basically an Application filed with Provisional Specifications describing the Invention, which is useful for deciding the Priority date of the Invention. it is considered useful and important because it gives ample amount of time to the Applicant for assessing the Market. It has to be followed by a Complete Specification i.e. a Full Patent Application within a period of 12 Months or it holds no value post it and would be deemed to be Abandoned.
No, it is not mandatory to do a Provisional Patent Application, an Applicant can go for a full & Complete Patent Application by filing Complete Specifications of the Invention with the Patent Registry.
Patent Search is an extensive database search done by our Team of Experts to check whether there is already a similar patent existing in India or Internationally.
A Patent is valid for a Period of 20 Years from the date of Filing of Patent Application in India.
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