Online Patent Registration in India

PATENT REGISTRATION IN INDIA

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.

• Novelty
  The invention must be new or novel which means that the invention must never be made before or used before. It must possess some new or novel characteristic which is not known in existing public knowledge.
• Inventive Step
  The invention must involve a step towards a new invention. An inventive step is a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention non obvious to a person skilled in the art.
• Industrial Application
  There must be an industrial application of the invention i.e. the invention must be capable of being used in the industry.

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.

REASONS for PATENT REGISTRATION in INDIA

• It guarantees legal protection to the owner of the patent which means that the owner can sue any person who infringes his right over the patent.
• It grants monopoly and an exclusive right to the owner. It 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.
• It allows the inventor to stop other people from using the invention without his permission which in turn provides a unique competitive edge for the business.
• As an inventor, you are entitled to get royalty for the use of your registered patent.
• Registration of patent ensures the protection of the patent for a period of 20 years.
• If the patent is registered, it can be sold or transferred to another person by a way of transfer or franchising through which the patentee can get royalty and gain revenue.

PATENT REGISTRATION PROCESS IN INDIA

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.

• Details of the Patent
  All the information and details pertaining to the invention to be patented must be collected. The applicability of the invention, the area of invention, usage of such invention and the process of using it must be specified clearly.
• Search the Patent
  All inventions are not patentable. There are certain considerations as to patent an innovation as mentioned above. There are various inventions that cannot be patented as per the Indian laws relating to patents. So, one needs to check whether his/her invention is patentable or not. If such invention is already patented by someone else then the inventor cannot be granted registration of the patent.
• Patent Application
  An application containing all the details and information regarding the invention is to be made to the Patent Office.
• Examination of Application
  The authorities of the Patent Office review the application. They check for all the necessary criteria i.e. Novel idea, inventive step and industrial application required for patenting the invention. If there are any objections as to the idea, it is conveyed to applicant to work upon it.
• Grant of Patent
  If the invention is meeting all the requirements of patentability, then a Patent is granted to the applicant. The grant of patent is notified in the patent journal and is also updated online on the site.

VARIOUS STAGES OF PATENT PROSECUTION IN INDIA

Now Some Intrinsic and trivial details about Patent Registration Process and Patent Prosecution Process in India :-

• Applicant can make an Early Publication Request :- As per the Rules by the IP India Registry, it take 18 months for Journal Publication of an Offline or an Online Patent Application in India. It is as per the discretion of the Patent Applicant that if he wishes to go for an early Publication of his application or not. There has to be a Request submission with the Patent Registry to go for an Early Publication of a Patent Application in India. For discussing the pros and cons of Early Publication, you can consult our Expert Patent Attorneys.

• Request for Patent Application Examination :- A request for patent application examination has to be made with the concerned Intellectual property Department with in 48 months from the priority date of filing the Application. This is a very crucial stage because if the request for Examination is not filed within the prescribed time period the Application would be deemed to be withdrawn. The request for Examination of the Application can be filed after the publication or along with the request of publication. The same is the discretion of the client, our Company Vakil Experts help the clients to analyse their application and make the request for examination accordingly and then the request for application is passed from the Controller to the examiner of the patent.

• Filing a Response to Examination Report :- Once the examination of the Patent Application is done by the Concerned examiner as per the section 12 and section 13 of the Indian Patent Act 1970, an examination report for the same is issued to the Application and there are chances that an Objection might be raised or there might be certain issue with the Formalities while filing the application for patent. The applicant has to file a relevant response in form a reply within a duration of 6 months to the Concerned Intellectual property department. Company Vakil experts do an in depth research for the objection raised and prepare a relevant and apt reply or make the requisite amendments and changes in the same and file a response accordingly.

• Pre-Grant Opposition Raised :- Under Section 25(1) any 3rd party can file for an Opposition prior to the date of grant of Patent this is basically known as a pre-grant opposition. The same has to be filed via prescribed form mentioned on the IP India Website over the grounds stated under Section 8 or Section 25(1) or Section 29(2) and Section 29(3) of Indian Patent Act, there is no fee for filing the same. It’s an applicant’s discretion to contest against the raised Opposition, our Company Vakil Attorneys are always there to guide you and prepare an apt reply for the Opposition raised and our attorneys also draft an appropriate 3rd party Pre-Grant Opposition for a Patent Application in India.

• Post-Grant Opposition by 3rd Party :- Any 3rd Party can file an Opposition under section 25(2) post the grant of a patent to an applicant. A Post-Grant Opposition has to be filed within a period of 1 year from the date of Publication of a Patent grant. The ground s of Opposition are stated under Section 8 or Section 25(1) or Section 29(2) and Section 29(3) of Indian Patent Act and its has to be filed under a prescribed form with a requisite fees. You can always consult Company Vakil Experts To file a Post-grant Opposition or to file a reply to the same and we will be happy to guide you through.

• Patent Annuity Fee to be paid :- A Patent term is for 20 years from the priority date or the date of patent filing and once all the requirements for patent filing are met then an Order of Patent Grant is issued. A Patent’s Term of 20 years is calculated from the international date of filing. The Patent Annuity fees is the paid from 3rd year onwards to 20th year. Company Vakil Team gives our clients a time to time reminder for paying the Patent Annuity fee on time.

• Filing Statement and Undertaking :- Under Section 8 of the concerned act a statement and undertaking has to be filed with the Controller of the Patent, stating an undertaking time to time that the Applicant would inform the Controller in writing about the details of any corresponding Patent application outside of India. It has to be given under a prescribed form with no Prescribed government fees for the same. Our team keeps giving reminders to our clients about the due date of filing Statement of Undertaking.

• Filing of Statement of Working of Patent :- Once patent is granted, every year a Mandatory Statement of working of a patent post registration has to be submitted to the controller. The same has to be filed in a prescribed form with the detailed explanation of working of the patent, there is no fees for this stage but if not complied with the same every year then a hefty penalty of a fine upto Rs. 10,00,000  can be charged to the applicant. Company Vakil Team keeps a check on the same and gives our clients a time to time reminder for submission of statement of working patent.

• Obtain Certified Copy :- At certain times a certified copy of Patent Registration Documents is required to be submitted, this generally is required in case of a Legal Matter or maybe required to be submitted to the International Bureau of World Intellectual property Organization (WIPO) or it might be required at the Patent office where the Convention Application is filed by claiming Priority of an Indian Application, Company vakil Experts are always there to help you get your Certified Copy.

• Obtaining Foreign Filing License :- In case an Applicant wishes to file a Patent Application outside of India, he is required to make an application for Obtaining a Foreign filing License to the Indian Patent Office in a particular form with a prescribed fees. It is basically a written permission issued by the Indian Patent Office that the Indian Applicant wants to file a Trademark. It is a compulsory license to be obtained by the Applicant, if he/she wished to file a Foreign Application, if the same is not obtained, then there are very hefty fines, Our Company Vakil Experts take important measure to Obtain the client’s license before filing outside of India

• Amendment of Patent Application and patent :- A request for amendment can be filed by the Applicant or patentee under section 57 of the act, the Applicant can file an application for request of amendment in the Patent Application or maybe a change in some documentation or a change in complete specification of the patent filed. The same can be filed anytime prior to the grant of the patent.