Patent Registration In Delhi NCR

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Patent Registration in Delhi NCR

Patent Registration in Delhi is governed by the Patent Act, 1970 and Patent Rules, 1972. It is a process to file an application for a new invention to be registered under the Patent Act. The invention could be anything such as product, process, computer software, art, apparatus, machine etc. Patent Registration in Delhi provides monopoly to the patentee to use its invention.  For obtaining patent registration, the inventor is required to make full disclosure of his invention. The only requirement for registering the patent is that the invention must be unique. The patent can be registered by filing a provisional registration with the copyright office. Provisional registration is mainly filed to secure a priority date for the application over any other application. In the provisional specification form, the applicant is required to provide complete details of the invention to be registered. Provisional specification requires the title and the description of the product to be registered. After the provisional application, the applicant is required to file a patent application along with complete specification.

The Indian government has initiated IP department to grant full right to register the invention under patent. Patent Registration provides an individual or firm the ownership and rights over the invention. The patentee enjoys exclusive right over his product or process and has the right to initiate legal proceeding against any individual or firm for patent infringement. Patent Registration is granted for a certain time period. It is valid for a maximum period of 20 years and after that it falls under the public domain.  The claim for registering the work with the Patent Office is included in the complete specification. Patent Registration enables the inventor to derive royalty from his invention. The patentee can get royalty for his invention by licensing the same to a third party who wants to use it for increasing its revenue.

Due to its global nature, one must make sure that patent registration is done in Delhi. The capital of the country is a host to various embassies and therefore is in touch with most of the foreign nations. The political importance of Delhi can be traced back to 11th-12th century when it became a Sultanate during the time of Slave dynasty and continued to remain this important till date. The law of patents is comparatively new and developing, and Delhi is one of those many cities in India, which can withstand and do justice to the whole procedure of patent registration.

 

Reasons for a Patent Registration in Delhi NCR

Patent Registration is required to avoid any dispute arising out of patent infringement. The owner of the patent can seek damages from any kind of infringement. Patent protection in Delhi is valid for 20 years from the date of the application. Patent Registration in Delhi is important for the following reasons:

  • Investment and Economic growth

Patent Registration can help an organization by stimulating the growth of the normal industry. Small industries that hold patents may attract foreign investments and can use it for alluring financial backing.

  • Protection of invention

Patent Registration provides protection to the invention from any kind of infringement. Patent is granted for new invention and acts as an important asset to the person and contributes to its goodwill. Therefore, it becomes necessary for the person to register its trademark in order to prevent others from using the idea for which the patent has been obtained.

  • Get Royalty by Registering Patent

Patent Registration enables the owner of the patent to draw royalty from the use of the patent. Generally, a royalty payment is made by a person who wishes to use the invention in his own business for the purpose of generating revenue. The owner of the patent gets royalty by providing license to any other person entity for the use of the patent.

  • Preventing others from use

The most important reason for having patent registration is that the owner of the patent can prevent others from the use of the patent without his prior permission. In case if an individual or an entity started using the registered patented invention, a person has the right to initiate legal proceedings against that individual or entity.

 

Why do I need Patent Registration in Delhi NCR

Patent Registration provides the owner of the patent monopoly to use the invention for the public. Patent Act, 1970 governs patent registration in Delhi.  Patent registration is a process of registering the invention with the Copyright Office of India for enjoying the ownership and rights over the invention. Patent Registration in Delhi is required for the following reasons:-

  • 20 Years Protection

Once the patent is registered with the Copyright Office of India, one can get a patent protection over his invention for a period of 20 years. Thus, patent registration helps a person to enjoy ownership and rights over his invention for 20 years. If the patent is registered, the owner of the patent has the right to bring a lawsuit against any individual for the infringement of the patent.

  • Sell or Transfer Rights

Patent Registration creates an intellectual property and thus helps the organization to sell or franchise or commercially contract the registered patents. Registered Patents acts as an important asset for the person and contributes to the goodwill of the person. Selling or transferring the rights helps an individual to increase its revenue. Also, the owner of the patent can derive more revenue by licensing the patent to another person or entity for a certain period of time.

  • Public Notice of Ownership

Registration of the patent work establishes a public record of the ownership and the ownership’s name will be more freely available in the public domain. Not only does this protects the work but also prevents others from wrongfully claiming that they invented or manufactured that work.

 

What are the various types of Patent Registration in Delhi NCR

The various types of patent registration in Delhi are:-

  • Provisional Application

Provisional application is filed in the initial phase when the invention is still under experimentation and is not finalized yet. It helps the applicant to use the term ‘patent pending’ on its product and he gets 12 months time to fully develop the invention. The provisional application is less expensive and enables the applicant to file International applications and claim priority rights within 12 months.

  • Ordinary Application or Non-Provisional Application

An ordinary application is made in a convention country without claiming any priority rights over the product. The ordinary application is filed in the Patent Office without any reference to any other application under process in the office.

  • Convention Application

The convention application is filed in order to claim priority rights based on date on the same or similar application in one or more convention countries. Time limit for filing the convention application is within 12 months from the first date of filing of a similar application in the convention country.

  • PCT International Application

Patent Corporation Treaty governs the PCT Application and is valid in 142 countries. PCT international application can be filed in order to seek patent protection over the invention in all the signatory countries of PCT. The priority date obtained through PCT International Application is recognized in all the designated countries.  

  • PCT National Phase Application

PCT National Phase Application is filed when the international application is made according to PCT designating India. The application must be filed within 31 months from the first filing date of international application.

  • Patent of Addition

Patent of Addition application is generally filed when applicant come across an invention which is a slight modification of the invention which he has already applied for or has obtained patent.

  • Divisional Application

This type of application is filed when the applicant is claiming more than one invention. The applicant may divide his application in two or more applications in order to meet the official objection. Divisional Application is basically a division of an application from the parent one in which the priority date for the divisional application is same as that claimed under the parent application.  

 

Process for Patent Registration in Delhi NCR

Patent Registration is filed to avoid any dispute related to patent infringement in future. Following processes needs to be followed for patent registration in Delhi:-

  • Patent Search

The first step before registering for patents is to search for the patents. Company Vakil performs the patent search for all the existing inventions. Patent Search helps to know whether the idea for which the application has been made is in existence or not. If an idea has already patent over it then the patent will not be granted. Thus, it helps to prevent from wasting time in going through the year long registration process.

  • Patent Domicile

Patent registered in Delhi under the Patent Act is valid in India only. However, a person can use the patent protection in India as a ground for filing application in other countries. In order to do this, a person is required to file separate application in each country.

  • File Patent Application

The third and the most important step in Patent registration, is to file an application for the invention in the Patent office.

  • Patent Review

After filing the application for the patent, the patent office will review all the particulars provided by the applicant. They check for all the legal formalities and already existing patents.

  • Patent Grant

If the idea for which the application has been found unique then the patent office will grant patent. The patent office can raise objection over the patent application if the idea to be applied for, is already existing. It takes 6-8 months for the patent office to grant patent.

 

Minimum Requirements for Patent Registration in Delhi NCR

Following are the minimum requirements for Patent Registration:-

  1. The applicant has to fill the application form for registering his invention with the Copyright office of Delhi.
  2. The applicant is required to provide the copy of the work that is to be registered for patent.
  3. The applicant is required to provide his/her identity proof. The identity proof includes PAN card, Aadhaar card, driving license, passport etc. In case if the application is filed by the representative, a power of attorney duly signed by the person seeking patent is required. Also, the representative is required to provide his identity proof to the copyright office.
  4. The applicant is required to provide his/her address proof. The address proof includes copy of bank statement, electricity bill, telephone bill, gas bill etc.

Documents Required for Patent Registration in Delhi NCR

Following documents are required for Patent Registration in Delhi:-            

  1. The application is required to fill the application form and to submit the copy of the same.
  2. The application is required to fill form 2. The applicant must provide complete specification in the form.
  3. The applicant is required to provide the copy of abstract of the invention.
  4. In case if the patent is registered in some other country, the applicant is required to provide filing date and current status of each foreign patent application.
  5. The applicant has to fill form 5 (Declaration of inventor ship) providing complete specification of the invention.
  6. If the application is filed through any representative, a power of attorney duly signed by the person who is applying for patent registration is required.
  7. The applicant is required to pay the prescribed fee either in cheque, by cash or through demand draft.

 

Advantages and benefits of Patent Registration in Delhi NCR

Having a patent protection on an invention or innovation has following benefits:-

  • Legal Protection

Patent Registration enables the owners of the patent invention to take action or sue for damages against any person for patent infringement. No action is enforceable in court for patents that are not registered.

  • Global Patent Protection

Patent Registration in Delhi is valid only in India. However, an individual can use the patent filing in India as a basis for obtaining patent protection over his work in some other country. India provides privileges to the work which has patent protection in other country.

  • 20 Years Validity

Patent Registration in India is valid for 20 years from the date of filing of the patent application. Thus, a person can enjoy the ownership and rights over the invention for 20 years after the registration of the invention.

  • Competitive Edge

Patent Registration provides competitive edge to the owner of the patent over his competitors. The owner can restrict his competitors from the use of the patented invention and can sue them in case of any infringement. The competitors are required to take prior consent from the owner of the patented invention if they wish to use the invention for their business.

  • Creation of Asset

Patent Registration creates an intellectual property and thus helps the organization to sell or franchise or commercially contract the registered patent. Registered patent acts as an important asset for the company and contributes to the goodwill of the company.

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FAQ related to Patent Registration in Delhi NCR

 

What is the patent?

Patent is a statutory right provided on an invention to the patentee by the government in other to encourage for more inventions. The patentee can exclude others from using, selling or imported the patented product without his prior permission. The inventor is required to make a full disclosure of his invention for taking patent protection over his product or process.

 

Is registration of an invention necessary for the purpose of protection under the Patent Act?

Yes, patent registration is necessary for enjoying the ownership and rights over the patent.

 

What are the rights of the patent holder?

The patentee can exclude others from using, selling or imported the patented product without his prior permission.

 

Who can apply for a patent?

The application for patent can be filed by the inventor of a product or an idea. The application can be filed individually or jointly with another person. Also, the application can be made by any person acting as a representative on behalf of the person who has made the invention.

 

What is the term of the patent in Delhi?

The patent is valid for 20 years from the date of filing of the patent application form.

 

What can be patented in Delhi?

Any invention that is new which involves inventive step and can be applicable of industrial application can be patented in Delhi. The invention can be of a product or process.

 

When should an application for a patent be filed in Delhi?

The application for patent could be filed as early as possible. First come first serve basis is used for patent registration in India

 

Is it necessary to visit the Indian Patent office to transact any business relating to patent application?

No. All you need to do is to send all the required documents to us on our email address. Company Vakil will do all the office visits for you.

 

What would happen if someone violates the right of the patentee?

The patentee has the right to seek damage from the person who has infringed the patent. Also, the owner of the patent can initiate legal proceedings for the patent infringement.

 

Is patent application once filed is examined automatically?

No. The applicant or any representative of the applicant is required to file a request of examination to the Copyright office.

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