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A Patent is a kind of reward granted by the government to the inventor in return for 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 an invention must be the 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. Register patent from Jaipur, Mumbai, Bangalore, Tamilnadu, Gurugram, GOA, Haryana, Gujarat, West Bengal, Assam, Pune, Kerala, Ahmedabad, Delhi, Indore, Kolkata, Karnataka, Maharashtra, Uttar Pradesh, Telangana, Coimbatore, Patiala, Chennai etc with Company vakil.
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 a 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 a 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 trough which the patentee can get royalty and gain revenue.
Ahmedabad is a traditional and cultural city, however the city is fast growing. Patents are fast growing and the city is also growing with it. the city has great ideologies budding from the influence of Mahatma Gandhi and the PM. the rich educational background of the city also allows its to think in the futuristic manner of law.
Three types of Patent Registration are granted:
1. Utility Patent
2. Design Patent
3. Plant Patent
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 an invention is already patented by someone else then the inventor cannot be granted registration of the patent.
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 the applicant to work on 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 a patent is notified in the patent journal and is also updated online on the site.
Company Vakil helps in the procedure of patent registration in Ahmedabad.
The following documents are needed to be furnished for the purpose of registration of a patent:-
Application for Grant of Patent (Form 1)
Proof of right to file an application from the inventor.
Provisional/Complete specification (Form 2)
Statement and Undertaking (Form 3)
Declaration as to inventorship in (Form 5)
Power of authority (Form 26), if a patent application is being filed by a Patent Agent.
All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
The provisional or complete specification must be signed by the agent/applicant with the date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right-hand bottom corner.
Priority document must be filed in the case of Convention Application & PCT National Phase Application.
Priority documents are necessary in the following cases.
Registration of a patent confers a list benefits to the patentee. The following are the advantages and benefits of registration of a patent:-
It guarantees legal protection to the owner of the patent which means that the owner can any person who infringes his right over the patent. Registration of patent ensures the protection of the patent for a period of 20 years
It grants a 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.
Generation of Revenue
If the patent is registered, it can be sold or transferred to another person by a way of transfer or franchising trough which the patentee can get royalty and gain revenue. As an inventor, you are entitled to get a royalty for the use of your registered patent. The patent can be used in the form of an intangible asset which procures revenue.
Patent encourages and promotes innovation. It is a way of rewarding the inventors for their research, knowledge, and invention. The protection of such invention encourages others to invent something novel capable of industrial application.
The growth of Society and Economy
A Patent is a means of sharing the knowledge and resources with the society. Underlying economic and commercial justification for the patent system is that it acts as a stimulus to investment in the industrial innovation. Innovative technology leads to the maintenance of and in the nation's stock of valuable, tradable and industrial assets.
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries, within or before the expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai, and Delhi. All these offices act as Receiving Office (RO) for the International application. The addresses of these offices are available on the website of i.e.
An invention relating either to a product or process that is new, involving an inventive step and capable of the industrial application can be patented. However, it must not fall into the categories of inventions that are - patentable under section 3 and 4 of the Act.
A patent application can be filed either by the true and first inventor or his assignee, either alone or jointly with any other person. However, the legal representative of any deceased person can also make an application for patent.
A patent application can be filed with Indian Patent Office either with complete specification or with provisional specification along with fee as prescribed in schedule I. In case the application is filed with the provisional specification, then one has to file complete specification within 12 months from the date of filing of the application. There is no extension of time to file complete specification after the expiry of the said period.
From 20th July, 2007 ,the Indian Patent Office has put in place an online filing system for the patent application. More information for filing online application is available on the website of Patent Office. This facility is also available for filing trademarks application.
An invention to become patentable subject matter must meet the following criteria -
• It should be novel.
• It should have an inventive step or it must be non-obvious
• It should be capable of Industrial application.
• It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before the filing of the patent application may be detrimental to the novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is a grace period of 12 months for filing an application even after publication.
Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However, the Patents Act provides a grace period of 12 months for filing of the patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by the applicant. The details conditions are provided under Chapter VI of the Act (Section 29-34).