Patent Registration in Kolkata

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Patent Registration in Kolkata 

A patent is a form of Intellectual Property rights for an invention provided by the law for a limited span. The invention must be a new process and product involving an inventive step of being made and used in the industry can be registered as per Patent Act. Validity of patent registration is twenty years from the date of filing application and patenting an invention aids in making, selling or importing that product. Patent Registration applications are handled by The Patent Office, and Trademarks, Controller General of Patents.  

Interesting facts about Kolkata while you take a break from patent information,

Kolkata is rich in artistic work. May it be painting or handicrafts or singing or poetry or writing or acting, Kolkata has always proved itself to be the best and unique in each field. Bengal’s cinema is popularly known as ‘Tollywood’ dates to the 1920s. This name is derived because of its location in Kolkata which is known as ‘Tollygunge’. The most famous among the film makers in Tollywood was Satyajit Ray, whose ‘Pather Panchali’ won an award in 1956 Canes Film Festival.

 

Types of patent registration in Kolkata

 

Provisional Application 

A provisional application is a temporary application which is filed when the invention is not finalized and is still under experimentation.

Advantages of filing a provisional application

  • The applicant gets 12 months’ time to fully develop the invention and ascertain its   market potential
  • Helps to establish “priority” right over the invention
  •  Enables the applicant to use the term "patent pending” on their product
  •  Less expensive to prepare and file the application
  •  Enables the applicant to file International applications and claim priority within 12 months.

However, in order for the patent to be granted, a provisional application must be followed by a complete specification within 12 months. Moreover, the provisional application should be sufficiently detailed and must be drafted very carefully to ensure that the priority rights are secured for your invention.

 

Ordinary Application or Non-Provisional Application

An application for patent filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application under process in the office is called an ordinary application. An ordinary application must be accompanied with a complete specification and claims.

 

Convention Application

An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application, filed in one or more of the convention Country is called a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.

 

PCT International Application

A PCT Application is an international application governed by the Patent Cooperation Treaty, and can be validated in up to 142 countries.

Advantages of filing a PCT Application

  • A single international patent application can be filed in order to seek protection for an invention in up to 142 countries throughout the world.
  • The priority date obtained by filing a PCT has an effect in each of the countries designated.
  • It gives the application 30/31 months to enter into various countries from the international filing date or the priority date, and therefore gives the applicant more time to assess the viability of the invention.
  •  Delays the expenses associated with applying for a patent in various countries
  • Provides an International Search Report citing prior art, which gives an indication to the applicant whether the invention is novel and innovative.
  • Provides an option for requesting an International Preliminary Examination Report, the report containing an opinion on the patentability of the invention.
  • The International Search Report and International Preliminary Examination Report, allows the applicant to make more informed choices early in the patent process, and to amend the application to deal with any conflicting material, before the major expenses of the national phase of then gives the applicant a fair idea on the patentability of the invention before incurring charges for filing and prosecuting the application in each country.

 

PCT National Phase Application

When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date (whichever is earlier).

 

Patent of Addition

When an applicant feels that he has come across an invention which is a slight modification of the invention for which he has already applied for or has obtained patent, the applicant can go for a patent of addition if the invention does not involve a substantial inventive step. There is no need to pay the separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.

 

Divisional Application

When an application made by applicant claims more than one invention, the applicant on his own or to meet the official objection may divide the application and file 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. The priority date for all the divisional applications will be the same as that claimed by the Parent Application (Ante-dating).

 

Reasons to patent registration in Kolkata

The reasons to register a patent are:

  1. Legal Protection: Only the owners of registered patents can take an action or sue for damages if there has been a patent infringement. This will not be enforceable if your patent is not registered. Thus, the primary reasons for patent registration are to get the legal protection.
  2. Validity: Patent registration in Kolkata is valid for 20 years from the date of filing the patent application. Thus, after every 20 years, it is required to renew the registration.
  3. Global Patent Protection: A patent registration in Kolkata can be used as the basis for the patent registration in the other countries as well. Foreigners and foreign entities can also register in Kolkata if required.
  4.  Competitiveness: Patent provides a competitive edge to the business over the other businesses. This means that the competitors will not be allowed to use the similar goods and services.
  5. Asset Creation: Patent registration creates an intellectual property, which is an intangible asset for an organization. This asset can be sold, franchised or commercially contracted. Thus, patent registration is a must to enjoy such benefit.

 

Process of offline or online patent registration in Kolkata

The procedure for Patent Registration is as follows:

  • Draft an application. In case the inventor is a very early stage in invention then he must go for Provisional Application. It gives 12 months of time to file the complete specification of an invention. With the end of 12 months, the patent application is abandoned. Filing for the Provisional specification is an option like if the inventor has full knowledge of the Patent and all the research work is completed then he can directly go for a complete specification.
  • After the complete specification along with the application, it is published within 18 months of first filing. An early publication is also done with the giving of the fees. Generally, it is published within a month from the request.
  • The application is examined only after receiving the request. Upon receiving the request the Controller gives the application to the Patent Examiner and then he checks the prerequisites in the application. He creates the first report after reviewing the application that is called Patent Prosecution. The 1st report contains the prior arts (existing documents before filing) which are similar to the claimed invention, and then it is reported to the applicant.
  • Generally, the majority of the application has some prior arts which are reported. The best thing is to analyze the examination report with Patent Professional and creating response to the objections raised. 
  • This communication between the Controller and the Patent Agent is to resolve the objections raise. If objections are not resolved then the Patent is not granted.
  • The application would be placed in order for the grant once the examiner is satisfied with the Patent. The grant for Patent is notified in the Journal.

 

Minimum requirements for offline or online patent registration in Kolkata

A Patent is an exclusive right given to the inventor for his invention by the Government. In order to make the invention patentable following are the requirements:

  1. Novelty: The invention must be new which means that it must have never been carried before or used before. It must be something which must not be published earlier in the public or disclosed to the public.
  2.  Inventive Step: The invention must be non-obvious which means that it should not be obvious to the person skilled in the art. It could not be disclosed by a skilled person who has an extraordinary knowledge.
  3. Industrial Application: It must be capable of being used for the industrial purposes.
  4. Not publically/Commercially disclosed: It must not be known in the public before the filing of the application for the invention.
  5.  Patentable Matter: The subject matter of the invention must be patentable under the law.
  6.  

Documents required for offline or online patent registration in Kolkata

The documents required for Patent e-filing in Kolkata are as follows:

  1. Application form (Form 1) in duplicate.
  2. The provisional or complete specification in duplicate is to be given. The provisional specification must be followed by complete specification within the 12 months in (Form 2).
  3.  Drawing in duplicate is to be given, if necessary.
  4. Abstract of the invention in duplicate.
  5. Priority document in convention application is to be given when directed by the controller.
  6.  Declaration of the inventorship where the provisional specification is followed by a   complete specification.
  7. Power Of Attorney is required if filed through the Patent agent.
  8. Fess to be paid in cash, by Cheque or through Demand Draft.

 

Advantages of patents registration in Kolkata

The advantages for Patent Registration in India are as follows:

  1. It promotes innovation benefits through the provision of monopolies. They give a reward to the inventors for their excellent work and services that meet the social requirements.
  2.  It also enables the teachers to protect their Intellectual rights by capitalizing their inventions which are the essential components of innovation.
  3.  A Patent Registration stimulates the economic growth of the industry as the local companies that hold Patents may attract the foreign investments and develop a product for their use. The cost incurred in Investment in research and development projects are acquired from profit gained from Patent exploitation.
  4. It also promotes knowledge sharing and resources by using the detail of the invention to be placed in the public domain in writing, for the right to exploit the invention. This knowledge sharing helps to reduce the research efforts of inventors so that no duplication of products should be there.

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Frequently asked questions (FAQ)

 

1. Does Indian Patent give protection worldwide?

There is no patent valid worldwide.

 

2. What can be patented?

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 not – patentable under section 3 and 4 of the Act.

 

3. Who can apply for a patent?

A patent application can be filed either by the true and the first inventor or his assignee, either alone or jointly with another person. However, the legal representative of any deceased person can also make an application for patent.

 

4. What are the criteria for patent ?

The following criteria must be met: 
i. It should be novel.
ii. It should have an incentive step or it must be non – obvious.
iii. It should be capable of industrial application.

 

5. What is meant by industrial applicability?

Industrial applicability means that the invention must be practically feasible. The invention should be capable of being made or used in any kind of industry.

 

6. What is a complete specification?

A complete specification is a final specification. It sets the boundary for the protection claimed by the invention. It must contain the formal claims and must be drafted meticulously with utmost care.

 

7. What is the priority date?

The date of filing the application for the patent is the priority date for that application.

 

8.What is PCT?

PCT stands for Patent Cooperation Treaty is a mean of filing an international patent application. The PCT is recognized by as many as 150 countries.

 

9. Can a patent be transferred?

Yes, a patent can be transferred in the way of a license or assignment.

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