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Patent Registration

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 a 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, Patent Office, Controller General of Patents, Designs & Trade Marks entertains the applications for registration of patents.

The first place that comes in your mind after hearing the word ‘Maharashtra’ is its capital city ‘Mumbai’ (also known as Bombay). Being the largest city in India, Mumbai derived its name from a local deity, Goddess Mumbadevi. Mumbai is a combination of seven islands, namely Worli, Parel, Mazagaon, Mahim, Bombay Island, Colaba and Old Woman’s Island. King Ashok ruled these islands. However with the span of time, it witnessed the reign of numerous dynasties. Due to its vast heritage, this city is known with many names, such as ‘City of Seven Islands’, ‘Maya Nagri’, ‘Financial capital of India’, ‘Hollywood of India’, etc. Patent Registration in Mumbai can be done with Company Vakil.

Novelty, Utility, an inventive step and industrial application are the important considerations for granting a patent right.

  • Novelty
    The invention must be new or novel which means that the invention must never be made before or used before. It must possess some new or novel characteristics which are not known in existing public knowledge.
  • Inventive Step
    The invention must involve a step towards a new invention. An inventive step is a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both that makes the invention non-obvious to a person skilled in the art.
  • Industrial Application
    There must be an industrial application of the invention i.e. the invention must be capable of being used in the industry.

The patent rights are granted for a limited period of time in exchange for a complete public disclosure of the invention.

 

What is Patent Registration?

A Patent is a right for an invention, granted for a limited period of time to the inventor (also known as patentee) by the Government, in exchange of full disclosure of his innovation and restricting others from making, selling, importing the patented product or process without his consent.

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. Patent Office, Controller General of Patents, Designs & Trade Marks entertains the Patent application for registration in Mumbai.

The initial inventor of the patent can apply for the registration of a patent. He shall be granted registration only if his invention is new or novel, involves an inventive step and is capable of industrial application.

A registered patent will have a validity of 20 years from the date of filing of the patent application, irrespective of whether it is filed with the provisional or complete specification.

Registration of a patent has its own benefits such as the owner of the patent is entitled to sue a person in case of infringement of his right i.e. protection of his invention. Registration of patent in Mumbai also grants monopoly and an exclusive right to the owner.

 

Reasons to register a Patent in Mumbai

  • 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 aids the inventor or the patentee to control the making, using, selling or importing of the patented product or process for producing the 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.
  • Patent registration 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.

 

Process of Patent Registration in Mumbai

The Patent Office, Controller General of Patents, Designs & Trade Marks entertains the application for registration of patent in Mumbai. 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 earlier by someone else, then the inventor cannot be granted registration of the patent.
  • Patent Application-
    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 patent application filed in Mumbai. 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 upon 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.

Documents required for patent registration in Mumbai

These documents are needed to be enhanced for the motive 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 (Form 5)
  • Power of authority (Form 26), if a patent application is being filed by a Patent Agent.
  • Statutory Fees
  • The signature of the applicant or authorized person or Patent Attorney along with name and date must be mentioned in the patent application.
  • The last page of the provisional or complete specification must be signed by the agent/applicant with the date. The attached drawing sheets should also contain the applicant's or his agent's signature in the right-hand bottom corner.
  • Priority document must be filed in the case of Convention Application & PCT National Phase Application.

                                                                             

Advantages & Benefits of Patent Registration in Mumbai

Registration of patent in Mumbai confers a list benefits to the patentee. Advantages and benefits of registration of a patent:-

  • Protection-
    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. Registration of patent ensures the protection of the patent for a period of 20 years
  • Exclusive Right-
    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 through 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.
  • Encouraging Innovation-
    A 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 an increase in the nation's stock of valuable, tradable and industrial assets.

Cost/ Fee of Patent Registration

There are two types of costs involved in the registration of patent in Mumbai:

  • Government Fees-
    The offline/ online filing of patent application in Mumbai to the government for the registration can incur you a cost of INR 50,000 to 70,000. The cost is a sum of the costs which are incurred during the stages of registration, right from the starting of novelty search of the patent to the grant of the patent.
  • Professional Fees-
    Company Vakil.com can help you to get offline or online patent registration in Mumbai done at a very nominal profession cost of Rs 40,000.

TIME TAKEN in registration process

Frequently asked questions

1.    What is a Patent?

In simple words, A Patent is a Statutory Right given by the government for having a monopoly over an invention to the Patentee (i.e. the Applicant) for a limited period of time.

2.    What can be patented?

When a Trademark is deceptively similar or identical to an existing Registered or Applied Trademark, that Trademark can’t be Registered. A patent can be, either on a process that is new or an invented product, and involves inventive steps and is capable of Industrial Application.

3.    When should I apply for a Patent, before or after the Publication of Invention?

It is advisable to apply for a Patent before Publication of invention, i.e. the Invention should not be published or disclosed in public as that might be detrimental to its Novelty and won’t be considered Novel anymore. However, in a few cases, there is an option for the grace of 12 months for filing Patent Application in Mumbai.

4.    What is a Provisional Application for Patent?

Provisional Application is basically an Application filed with provisional specifications describing the invention, which is useful for deciding the priority date of the invention. It is considered useful and important because it gives ample amount of time to the Applicant for assessing the market. It has to be followed by a complete specification i.e. a Full Patent Application within a period of 12 Months or it holds no value post it and would be deemed to be abandoned.

5.    Is it mandatory to do a Provisional Patent Application before a Full and Complete Patent?

No, it is not mandatory to do a Provisional Patent Application; an Applicant can go for a full & Complete Patent Application by filing complete specifications of the invention with the Patent Registry.

6.    What is a Patent Search?

Patent Search is an extensive database search done by our Team of Experts to check whether there is already a similar patent existing in India or Internationally.

7.    How long is a Patent Valid in India?

A Patent is valid for a period of 20 years from the date of filing of patent application in India

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