Patent Registration in Bangalore: A Complete Guide

Patents work as an indispensable tool for guarding and promoting scientific inventions and research and development in a nation. It is termed as an exclusive right of an inventor over his/ her particular invention. That means the main aim of Patent Registration is to prevent and restrict others from acquiring commercial benefits from the patented invention. In this learning blog, we will cover the concept and process to obtain Patent Registration in Bangalore.

Concept of Patent

The term Patent signifies as one of the pillars of the Intellectual Property Right, which aims to provide exclusive right over the property to the inventor.

Further, this concept is governed by the provisions of the Patent Act 1970 and the Patent Rules 1972, together with the rules made thereunder. Also, it shall be noted that a registered patent remains valid for a period of 20 years from the date of registration.

Moreover, the Patent Office, CGPDTM (Controller General of the Patents, Designs and Trademarks), has the ultimate authority to govern and manage the application for Patent Registration.

Also, Read: Everything You Must Know About Patent Law in India

Who can apply for Patent Registration in Bangalore?

Any person who wishes to protect and guard an invention or idea is eligible to apply for Patent Registration in Bangalore. Further, it shall be noted that the term “Invention” comprises of both new product and process.

Moreover, a natural person who operates as an assignee under the provisions of the Patent Act and claims to be the first and true inventor of the research or artwork is eligible to file an application for registration. Also, the LRs (Legal Representatives) of a deceased person can file for Patent Registration as well.

Factors to Consider for Applying for Patent in Bangalore

Any invention or creation that relates to the Work, Computer Software, Process, Machines, Manufacturing, or any other kind of invention, which has never been invented or created before for the general public.

Further, the factors to consider for applying for a Patent in Bangalore are as follows:

Novelty

The foremost and the most significant factor to consider for applying for registration in Bangalore is that the said invention must be unique and novel in nature. That means the same has not been issued anywhere in India.

Non Obviousness

The second factor is Non Obviousness, which means that the invention in question must not be simple, known, and obvious in nature, and the same will be considered by the experienced and skilled person.

Industrial Applicability

The term Industrial Applicability means that the said invention needs to be capable of being used and operated by the Industry.

Benefits of Patent Registration in Bangalore

The key benefits of the process of Patent Registration in Bangalore are as follows:

• Aims to protect the use of one’s invention without his/ her consent;
• Can be sold, transferred, or franchised for generating income;
• Remains valid for a period of 20 years;
• Assists in growing businesses;
• Allows Patentor or Inventor to receive a royalty for licensing his/ her invention;
• Facilitates Competitive benefit and Market Monopoly to both businesses and investors;
• Builds a relationship with the customer;
• Considered as the super valuable asset;
• Increases the Goodwill and Value of the Business;
• Helps in raising funds for business;

Minimum Requirements for Patent Registration in Bangalore

The minimum requirements for Patent Registration in Bangalore are as follows:

• The fee levied will be based on the First Schedule of the Patent Act;
• In case the applicant is filing documents in physical form, then, in that case, the authorities will charge an additional fee of 10%;
• The different modes of paying fees are as follows:

1. Electronic Means;
2. Demand Draft;
3. Banker’s Cheque;

• The fee for registration will be paid to the Controller of Patents;
• If the application for registration is transferred from a natural or living person to any person other than the natural person, then, in that case, the applicant requires to pay the remaining amount;
• The requirements mentioned above will apply to Start-ups as well;
• It shall be noted that the fees once paid will not be eligible to be refunded unless the same has been paid in excess to the Controller of Patents;
• The fee for registration needs to be paid in advance;
• If in case the applicant withdraws the application before the issuance of the objection, then, in that case, some amount from the fees paid will be refunded to the applicant;

Forms for Patent Registration in Bangalore

The forms required for the process of Patent Registration in Bangalore are as follows:

S.no	Stages of the Procedure for Patent Registration	Form No
1.	Application for the Issue of Patent	Form – 1
2.	Provisional or Complete Specification	Form – 2
3.	Statement and Declaration under the provisions of section 8	Form – 3
4.	Declaration as to Inventorship	Form – 5
5.	Form for the authorization of Patent Agent	Form – 26
6.	Form required only by startups and small business entities	Form – 28

Documents Required for Patent Registration in Bangalore

The documents required for the process of Patent Registration are as follows:

• Application Form for Registration, together with the proof of right to file an application;
• If in case the applicant has not filed the complete specifications, then, in that case, he/ she requires to file provisional specifications;
• Form – 3 for filing Statement and Declaration under the provisions of section 8;
• If in case the agent file the application, then, in that case, he/ she needs to furnish Form – 26 as the Power of Attorney;
• MSME or Startup India Certificate, if in the case required;
• The applicant or agent filing the application requires to sign till the last page of the Complete or Provisional Specification;
• In the case of Biological Material, there is a need to get prior permission from the National Biodiversity Authority (NBA). Also, in this case, it is mandatory to mention the source of Geographical Origin;
• The application for registration needs have the signature of the applicant or authorised person or patent attorney;

Process for Patent Registration in Bangalore

The steps involved in the process for Patent Registration in Bangalore are as follows:

File Application for Registration

In the first step, the applicant requires to draft the application for registration in Form 1, together with the specifications in Form 2. Further, the applicant requires to file the said registration form at the Indian Patent Office.

Publish Patent Application

After the filing of Patent Application, IPO (Indian Patent Office) will publish the same after eighteen months in the Official Gazette for the public.

Further, it shall be noted that the process for publication is an automatic process, and the same does not require any type of request from the patent office.

However, if in case the applicant wants to get the application published on an early basis, the same can be done by filing a request for the same. After that, the Indian Patent Office will file the application within a period of one month from the date of request.

File the Request for Examination

In the next step of the process for Patent Registration in Bangalore, the applicant needs to file a request for examination in the form prescribed, together with the fees levied in the IPO (Indian Patent Office).

 Further, it shall be noted that the process of examination of a patent application is not automatic, and the controller examines the same only after receiving the request for examination. After that, the application for patent is examined.

Issuance of Objections

After examination, the Patent Office will either grant the filed Patent Application or will issue an Examination Report. Further, the report drafted may comprise of certain procedural objection or subject matter objection.

Also, the said applicant will get six months’ time for furnishing the reply of the Examination report. After that, if the Controller gets satisfied, he will grant the Patent else will give a hearing option to the Applicant.

Grant of Patent

In the last step of the process for patent registration in Bangalore, if the filed application satisfies all the required and prescribed criteria for Patent registration, then, in that case, the Controller grants the patent and publishes the same in the Official Gazette of the IPO (Indian Patent Office). Also, it will issue a Certificate of Patent Registration to the said Applicant.

Conclusion

In a nutshell, Patent means one of the pillars of the IPR (Intellectual Property Right), which aims to provide exclusive right over the property to the inventor. Further, under this article, we have discussed all the forms and requirements to obtain Patent Registration in Bangalore. However, it shall be noted that the process to obtain registration is a back breaking and tedious task, and the same requires the filing of documents and details in the prescribed. Therefore, it is always advisable to seek professional help for the process.

Also, Read: Draft Patents (Amendment) Rules 2021 Notified by MCI