ADVANTAGES OF GETTING A PATENT REGISTERED

• A patent gives you the right to stop others from copying, manufacturing, selling or importing your invention without your permission.
• It gives you protection for a pre-determined period, allowing you to keep competitors at bay.
• It gives you the sole authority to use your invention.
• It also gives you the authority to license your patent for others to use or sell it, which can serve as a source of revenue for your business.

TYPES OF PATENT REGISTRATION IN BENGALURU

1. Conventional– In this, one gets priority over other application filed in one or more of the convention countries. Whenever a patent application is filed in a convention country, the applicant has to file the same in India within 12 months from the date of filing of the basic application.
2. PCT- International Application- The Patent Cooperation Treaty assists applicants in seeking patent protection internationally for their inventions. This provides the applicant's protection for an invention in 148 countries throughout the world.
3. PCT-National Application. It is necessary for an applicant to file a national phase application in each designated country where protection is sought.
4. Patent of Addition- It includes any improvement or modification to the invention for which the patent has already been obtained. A Patent of Addition is granted only after the grant of the main or Parent patent. A patent of addition is granted for a term equal to that of the patent for the main invention and expires along with the main patent.
5. Divisional Application   Any application that claims for more than one invention is divided by the applicant on his own or to meet the official objection, into two or more applications, as applicable for each of the inventions. This type of application, divided out of the parent one, is called a Divisional Application.

PROCESS OF PATENT REGISTRATION IN BANGALORE

1. The first step involves checking whether your invention is patentable or not and whether your invention meets all patentability criteria as per the Indian patent act. The same is also provided by the patent professionals by conducting an extensive research and making a patentability report.
2. Based on the patentability report, one can decide whether to go ahead with the patent or not. This report saves lots of time, efforts and cost of the inventor by helping him decide whether to go ahead with the patent filing process or not.
3. One can also go for a provisional application. A provisional application helps secures filing date and involves less cost.
4. After filing a provisional application, you secure the filing date and get 12 months of time to come up with the complete specification, upon expiry of 12 months your patent application will be abandoned.
5. The next step is filing complete specification with the patent application.
6. Upon the filing of the complete specification along with the application for patent, the application is published after 18 months of first filing. An early publication request can be made along with prescribed fees if you do not wish to wait till the expiry of 18 months from the date of filing for publishing your patent application.
7. The patent application is examined only after receiving a request for examination.  Upon receiving this request, the controller gives your patent application to a patent examiner who examines the patent application with different patentability criteria.
8. The examiner creates a first examination report of the patent application upon reviewing it for above terms.
9. All objections regarding the patent are taken into consideration and responses are created for the same.
10. Once all the objections are resolved, the same is granted to the applicant, The grant of a patent is notified in the patent journal which is published from time to time.

MINIMUM REQUIREMENTS FOR PATENT REGISTRATION BANGALORE

Following are the minimum requirements that are necessary before getting a patent registered-

1. The invention that one wants to get patented must be novel.
2. The invention must be an inventive step.
3. It should not be obvious especially to the people belonging to the same field.
4. It should be capable of industrial application.
5. It should not fall within the provisions of Section 3 and Section 4 of the Patent Act, 1970.

FREQUENTLY ASKED QUESTIONS

1. What is a Patent?

The patent is an exclusive right given to an inventor for a particular period for his/her invention.

2. Does Indian patent give protection worldwide?

Indian patent gives protection to the invention only within the territory of India.

3. What kinds of inventions can be protected?

Any invention either of proa duct or a process can be patented.

4. How long does patent protection last?

A patent is granted for a period of 20 years from the date of filing the application.

5. What rights does a patent provide?

A patent gives the owner the right to decide who may or may not use the patented invention for the period in which the invention is protected. The patent thus cannot be commercially made, used, distributed, imported, or sold by others without the owner's consent.

6. How are patent rights enforced?

Patent rights are usually enforced in a court by the owner.

7.  Can one obtain a patent and keep the invention a secret?

No. Patents are granted by patent offices in exchange for a full disclosure of the invention. It must be made known to the general public and cannot be kept a secret.

8. Who grants patents?

A patent is granted by a national patent office or by a regional office that carries out the task for a number of countries. Currently, the following regional patent offices are in operation:

African Intellectual Property Organization (OAPI)

African Regional Intellectual Property Organization (ARIPO)

Eurasian Patent Organization (EAPO)

European Patent Office (EPO)

Patent Office of the Cooperation Council for the Arab States of the Gulf (GCC Patent Office)

9. Are online patent filing Bengaluru applications, once filed gets examined automatically?

The patent examination takes place only after filing an application requesting for examination of the same. The said application can be made either by the inventor or by the third party.

10. How much time does it take to get a patent after making an application for patent registration in Bengaluru?

It usually takes 3-5 years to get a patent after making an application for patent registration in Bengaluru for the same.