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Patent Registration

Explore all the details you need about Patent Registration, tailored for your needs.

Patent Registration

Patents are pivotal in protecting the intellectual property rights of fresh innovations, be they products, services, or processes. In India, to ensure these rights are recognized and upheld, one must adhere to the Indian Patent Act of 1970 for patent registration

At Solocorp, we understand the intricacies of the Indian patent landscape. With our experts and streamlined processes, we guide you step-by-step, ensuring your invention stands out and receives the protection it rightfully deserves. Ready to safeguard your innovation? Let Solocorp lead the way to a hassle-free patent registration process.

What is a Patent?

A patent is a legal certificate that grants individuals or companies exclusive rights to protect their inventions, ensuring others cannot import, produce, or sell their inventions without permission. Many inventors file for patents to shield their unique concepts from unauthorized use.

Patent Registration Process in India

Patent filing is a formal process that grants inventors exclusive rights to their invention, whether it's a product, service, or technology. This gives the inventor sole authority over their creation for the patent's validity. Inventors and businesses must register their patents to prevent unauthorized individuals or entities from using, selling, or manufacturing their inventions without consent.

Eligibility for Patent Filing in India

In India, a diverse range of inventions can be granted patent protection.

Products

This encompasses novel and inventive tangible items like machinery, gadgets, chemicals, drugs, and fabricated goods.

Processes or Methods

Innovative procedures or methods that present a fresh approach to performing a particular task or producing an item. This might cover manufacturing techniques, industrial processes, or pioneering methodologies.

Machines

Any innovative and practical mechanical inventions, especially those showcasing novel mechanisms or parts, are patentable.

Manufactured Goods

Articles produced using a distinct method or possessing unique attributes can be patented.

Chemical Formulations

Novel and inventive chemical substances, encompassing medicinal drugs, are eligible for patents.

Biotechnological Discoveries

Advances in the realm of biotechnology, such as genetic modifications, gene mapping, and groundbreaking biotech processes, can be patented.

Software and Digital Innovations

In certain cases, software and computer-related inventions that exhibit originality and inventiveness can be secured through a patent filing.

What is Not Eligible for Patent Filing in India?

Inventions against Nature and Safety

  • Inventions against the laws of nature.
  • Inventions detrimental to human, animal, or plant life or harmful to the environment.

Scientific and Theoretical Concepts

  • Discoveries of basic scientific principles or theoretical concepts.
  • Identification of substances occurring naturally, whether living or non-living.

Existing Processes and Apparatus

  • Inventions that are merely an existing process or apparatus unless they lead to a novel product.
  • Simple combinations yielding predictable results or properties of their ingredients.
  • Elementary modifications or reordering of familiar devices.

Explicit Exclusions by Law

  • Items explicitly barred by the Patents (Amendment) Act, 2002.
  • Agricultural or horticultural methods.
  • Procedures associated with medical, surgical, healing, diagnostic, therapeutic, or prevention of conditions in humans or animals.
  • Matters related to plants and animals (including seeds, varieties, species), excluding microorganisms.

Software and Artistic Works

  • Computer software or mathematical formulas.
  • Works of literature, drama, music, or art, encompassing films and TV shows.
  • Basic methods of playing games.
  • Simple display of information.
  • Designs of integrated circuit layouts.

Combination of Known Properties

  • Inventions that merely combine known properties of traditionally recognized components.

Atomic Energy

  • Subjects related to atomic energy are not patentable.

Why is Patent Registration Crucial?

Undergoing the patent registration process and registering a patent is of paramount importance for several reasons:

  • Legal Safeguard: Registration offers a solid legal shield for the patent owner. If someone infringes upon the patent, the holder can take legal recourse and claim damages. Absent registration, this protection is unenforceable.
  • Transferable Privileges: With a registered patent, the owner can sell or license their invention, paving the way for potential revenue streams.
  • Two-Decade Protection: Once granted, a patent's protection lasts for 20 years, ensuring long-term exclusivity.
  • Business Edge: Registering a patent provides businesses a competitive upper hand, as rivals are deterred from integrating patented innovation into their offerings.
  • Building Assets: Beyond just an idea, a patent is a tangible intellectual property asset for an enterprise. It can be marketed, transferred, or leveraged in business deals.

Requirements for Submitting a Patent Application

For an invention to be patentable in India, it needs to fulfill the following key criteria:

  • Novelty: The invention should be unique and not have been disclosed or published in India before the date of the patent application.
  • Inventive Step (Non-Obviousness): The invention shouldn't be an evident advancement for someone well-versed in the relevant domain. It should bring forth something unexpected or non-obvious.
  • Industrial Utility: The invention must have practical value and be usable in an industrial setting.

Validity of Patent Registration in India

In India, once a patent is registered, it remains valid for a period of 20 years from the date of filing the provisional or complete patent application. After the conclusion of this 20-year tenure, the patent becomes public property.

Required Documents for Patent Registration Process

For patent filing in India, the following documents are essential:

Patent Registration Application

Complete Specifications

Statement and Undertaking

Inventor's Declaration

Proof of Right

Power of Authority

Priority Documents

Permission from National Biodiversity Authority

Source of Biological Material

Steps for Patent Registration in India

Acquiring a patent registration in India involves a systematic procedure, commencing with a Patent Search and culminating in issuing a Patent Registration Certificate.

1

Step 1: Conducting Patent Search

Begin the process with a thorough patent search to ascertain the invention's uniqueness. It's advisable to undertake patent searches before filing to gauge the novelty of your invention. If your invention mirrors prior art or closely resembles existing patents, its novelty might be contested by the Indian Patent Office. Hence, preliminary patent searches are pivotal to gauging the probability of patent approval.

2

Step 2: Drafting the Patent Specification

Upon completing the international searches, the next step is to draft the patent specification. This document, framed in technical and legal terms, may or may not incorporate the inventor's claims. Absence of claims indicates a provisional specification; presence denotes a complete one. The specification outlines the invention, offering a comprehensive description, practical instances, and the best implementation method. A patent is legally shielded when its specification, including the inventor's claims, is exhaustive.

3

Step 3: Filing the Patent Application

After preparing the Patent Specification, you can proceed with the patent application filing in India. Depending on the drafted specifications, applications can be either provisional or complete. The Provisional or Complete Specification is lodged in Form 2, whereas the Patent Application is in Form 1, in line with the Indian Patent Act. If you've filed a provisional patent specification, a complete one encompassing the inventor's claims should be submitted within 12 months. Ensure to pay the requisite patent registration fees along with the application.

4

Step 4: Publicizing Patent for Opposition

Post the patent application, the patent is listed in an official gazette for public scrutiny. This transparency enables the public to raise objections against the patent, provided they have valid reasons.

5

Step 5: Initiating Patent Examination

The patent application undergoes examination only after an explicit examination request has been made. This request should be made within 48 months from the patent's filing or its priority date. An assigned patent examiner then scrutinizes the application, releasing an examination report highlighting concerns. A response to this report must be dispatched within a year of its release. If needed, the examiner might summon the applicant or representative to a hearing to address these concerns, termed patent prosecution.

Grant of Patent Registration

Upon successfully resolving the examination report's concerns and the examiner's satisfaction with the applicant's clarifications, the patent registration process in india progresses to the final stage: the grant of a Patent Registration. This concludes the procedure for patent registration in India. Conversely, if the counterarguments don't convince the examiner, the application gets declined, necessitating the applicant to restart the entire patent process for subsequent protection in India.

Patent Renewal and Its Application Process

To ensure the continued protection of an invention, it's essential to renew the patent regularly. If not renewed, the patent expires, and the invention becomes publicly accessible. In India, patent renewal is a yearly process carried out by the patentee by applying along with the requisite patent registration fees.

Restoration of a Patent

  • If the patent expires due to non-renewal, one can apply for its restoration. To do so:
  • 1. File a restoration application using Form-15 within 18 months from the date the patent became inactive.
  • 2. Provide a statement describing the circumstances that led to the failure to renew the patent.
  • 3. Pay the prescribed restoration fee.
  • Upon receiving the application, the Controller will evaluate the reasons for the delay. If deemed satisfactory, the patent may be restored.

Tracking Patent Renewal

  • It's advisable to regularly track patent renewal dates or engage with a patent agency to manage these renewals, ensuring continuous protection for the invention.

Why Choose Solocorp for Patent Registration?

Solocorp is your trusted partner in safeguarding intellectual innovations and guiding you on how to apply for patents in India.

The patent registration process in India can be intricate, but with Solocorp, it's simplified. Our expert team, proficient in the Indian patent system, provides comprehensive assistance, ensuring your application is compliant and robust, all with affordable patent registration fees.

Choose Solocorp to transform your innovative concepts into protected assets and navigate the complexities of the patent application seamlessly.

  • 1

    Expert Consultation

    Our team of experts will guide you through the Indian patent system, assessing the novelty of your invention and outlining the application process.

  • 2

    Documentation Assistance

    We assist in preparing and compiling the required documents, including patent specifications and claims, ensuring accuracy and compliance.

  • 3

    Patent Filing

    Our professionals file your patent application with the Indian Patent Office, ensuring all formalities and timelines are adhered to.

  • 4

    Examination Follow-Up

    We monitor the patent examination process, addressing any queries or objections raised by the authorities to ensure smooth processing.

  • 5

    Affordable Fees

    Solocorp offers competitive pricing for patent registration, delivering expert services without burdening your budget.

  • 6

    End-to-End Support

    From patent filing to final registration, our team provides continuous support, ensuring your intellectual property is well-protected.

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