Patent Registration In Chennai

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Patent Registration in Chennai

Chennai : Formally known as Madras, it is the capital of Tamil Nadu. It is the 36 largest Urban Area by its population in the whole world.  It attracts various tourist as they are having Chennai Central , Marina Beach , Madras High Court , TIDEL Park , Ripon Building , San Thome Basilica , Kapaleeshwarar Temple etc. It is having the Third largest expatriate population in India .It is also one of the largest municipal economies of the country. It is also selected to be one of the smart city under the smart city Mission.

 

Patent Registration Chennai

A Patent is considered to constitute a new invention, innovation or something that is unique in its characteristics, through patent registration, an idea can be registered or the invention can be registered with the IP department, which would be solely reserved to the person who is registering for the patent. A patent differs from a copyright registration because a novel idea or invention can be registered whereas copyright doesn’t register an idea within its ambit. Though, patent registration is governed by the IP department of the country, and it enjoys all the procedure and conduct of that of an Intellectual Property, the basic fundamental of a patent that is in question to be registered is getting a concrete proof which would prove to establish that the patent is entirely novel in its being. The nature of patent doesn’t matter much it can be anything varying from art to any software, anything. However this patent registration doesn’t last forever, a deadline of expiration of patent registration is set at 20 years, after which the patent is not under the sole propertiership of the applicant (person applying for the patent registration), furthermore, it is important to note that this 20 year deadline is prescribed so that the applicant of the patent develops the patent which has been registered and is solely responsible for establishing it before it comes into the public domain after the 20 years. This whole process of registering and other related procedures is governed under the Patents Act, 1970 with Rules in the Patent Rules, 1972.

 

Reasons for a Patent Registration in Chennai

There are various reasons why a patent should definitely be registered, not only the patent will be legally recognized but it will be protected as well, the other reasons why a patent should definitely be registered under the Patent Laws is :

  1. Protection of the Idea/Invention: The Patent is protected by the law which means that nobody else can use the patent to his benefit, in an unauthorized manner or it will attract several legal ramifications. This is because the patent will be duly protected under the provisions of law.
  2. Commercial Benefits of Patents: If the given patent in question is registered, it can either reap considerable amount of profit or monetary benefits through transmission or sale of the patent, and it may also reap royalty if the patent in question is duly licensed.
  3. The validity of Patent: The expiry of the patent in question is set at 20 years, so during these 20 years the applicant is the sole owner of the patent, and exercises the exclusive rights pertaining to the same. Hence, during these 20 years of registration, the applicant can duly work on the patent while the others can't work on the same patent.

 

Types of Patents Application Chennai

The Patents Application Chennai are classified into groups which have been very discreetly marked and identified through labels and symbols which are sought while registering the patent. The identification of the patent type is quite crucial while determining in which category the Patent in question to be registered, falls. The three main categories of patent classification can be understood as the following

  1. Utility Patent: The most comprehensive patent which requires a lot of skill and knowledge while drafting and contending it before the authority. Here in this patent the ‘functional utility’ is in question, and the same is sought before the authority to be preserved and registered by the concerned authority. Herein the utility of the patent refers to the main usage and purpose of the invention that rests with the applicant applying for registration.
  2. Design Patent: This refers to patenting the external outlook of the invention or idea. However, this should not have any relation with the functioning of the invention, it has to be a design which is not only expressive of the external appearance but has to be also independent in nature. Hence for instance, while patenting a CPU of the computer, the external cabinet of the CPU can be registered as a design patent because it has no relation to the internal functionality of the CPU.
  3. Plant Patent: Any plant can be patented under the act if it has been created through an asexual reproduction, however, this is exclusive in nature, and is bounded by the geography of the application country since it might not find relevance extra-territorially.

 

The process of Patent Registration Chennai

Online Patent Filing Chennai is a very comprehensive process, which requires keeping in mind the minute details and minuscule nuances of the patent filing while registering for the patent in question. The patent registration is preferably done by the firms which have specialized experience over these matters which span over years. CompanyVakil.com provides for services which are related to patent registration, all the formalities, and procedure that has to be followed by the patent applicants is looked into professionally by CompanyVakil.com. Further, the procedure of Online Patent Filing Chennai can be explained as the following

  • Filling Application Form: The Application Form is obtained from the concerned patenting authority, which is duly drafted with careful considerations and keeping in mind the minute details, which would include the important credentials regarding application like the name, correspondence details, type of patent, description of patent etc.
  • Organizing Patent Search: A patent search is done on the designated portal, which would establish the novelty of the patent; this is done so that the patent doesn’t get rejected prior to being approved by the authority. This establishes that the patent is original in nature.
  • Submitting & Examination of the Patent: The patent is then submitted to the designated authority which is responsible for scrutinizing the application, and in turn grant a green signal to the registration of the patent. Herein, the patent is then scrutinized and examined by the examiner who does a comprehensive and in-depth study of the patent that is to be registered.
  • Hearing with the Controller – The concerned authority who goes through the length and breadth of the application, then raises objections or just passes off the patent being registered.
  • Granting of Patent – The patent here has been granted and is successfully registered with the concerned patenting authority, which confers the right on the patenting applicant on being the sole propertier of the patent, for the duration of 20 years.

 

Minimum Requirements of Patent efiling Chennai

There are certain pre-requisites which are mandated by the law prior to the patent registration, which has to be duly followed by the registering party before Patent efiling Chennai .

Patent Novelty: the patent in question should be original and novel in nature. It should be necessarily an idea which falls within the ambit of novelty. If it's not so, then the person doesn't have a strong ground to get the designated patent registered. In short, it should be an invention.

 

  1. Clarity in the description of the patent: Whatever the patent stands for and seeks to establish should be in detail conveyed to the concerned authority, it is done in fact to clear any ambiguities related to the patent being filed.
  2. Applicability: The Patent that is being so filed should have a purpose and autility; it should have a concrete usage in the industrial sector.

Documents Required for Patent efiling Chennai

 

  1. Application for Grant of Patent, which would include all the specifications and minute details which are pertaining to the patent being registered, without which the novelty of the patent cannot be established.
  2. An undertaking related to the novelty, and innovation of the patent, and specifying the rightful propertier of the same.
  3. Power of Attorney, if there is an established principal-agent relationship and there is an appointed agent who is in charge of the patent and the obligations arising from it. In such a case, a power of attorney has to be duly framed and attested with the aforementioned application form.
  4. Provisioned  fees mentioned according to the Patents Act, and is to be attached with the application form
  5. Any other additional declaration or undertaking which might be prescribed varying from case to case

 

Advantages of Online Patent Filing Chennai

  • Safeguarding the Patent in the eyes of law: The patent that has been so registered in the eyes of law is protected by it, which means no person can use the patent without any authorization. If done so, then it would attract legal ramifications.
  • Commercially valuable: It may generate monetary value for the applicant upon sale or transmission, or it may provide for royalty benefits.
  • Sole Propertiership:The person who has registered for the patent has the complete absolute rights over the patent that has been registered.
  • Timeline for developing the patent:A patent is valid for 20 years from the date of registration, which means that the patent can be duly worked upon and improved upon by the applicant and he can exclusively work on developing it.

TIME TAKEN in registration process

Frequently Asked Questions (FAQs) regarding Patent Registration in Chennai

 

If there has been a provisional specification of the patent in the application, what is the time granted for providing complete specifications?

Complete information and credentials relating to the patent must be provided within 12 months

 

What is the timeline for receiving any objection before granting of Patent?

A 6-month timeline has been set for receiving any objection an external party may have with regard to the patent Registration in India

 

Who has been conferred with the duty to grant patent rights?

The controller of patents is conferred with the duty to grant the patent rights

 

Where are the exceptions of patents that are to be filed mentioned?

The exceptions are mentioned in Section 3 & 4 of The Patent's Act.

 

Like Copyright, is patent valid & exercisable worldwide?

No, patents attract Territorial Limitation. Hence, they are not applicable worldwide.

 

Where are patents searched?

The patents can be searched on the designated patent portal provided by the government

 

When does an examination of the patent commence?

It commences only after it has been requested 48 months prior to filing

 

What is the prescribed timeline for granting patent certificate?

A patent certificate is received within 6 months to 1.5 years of filing

 

Which form to be filled, if an agent has been appointed for patent registered?

The prescribed Form 26 has to be filled, in case an agent has been appointed.

 

Types of available  Patent Application Chennai  ?

The various types of patent applications can be understood as the following: Ordinary, Convention & PCT National Phase Application in India

 

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