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A Complete Overview on Patent Registration in Hyderabad

Patent Registration in Hyderabad
| Updated: Mar 17, 2021 | Category: Patent

Patent Registration in Hyderabad is provided by the IPO (Indian Patent Office) for the invention. Patents work as an essential tool for protecting and promoting unique & distinctive inventions in a country. It gives a special right over the invention and eliminates others from selling, importing, using, and making. To get the Patent Registration, a detailed procedure based on the Patents Rules, 2003 and Patent Act, 1970 must be followed by the inventor.

IPO (Indian Patent Office) has its branch offices in Chennai, Kolkata, Delhi, and Mumbai grip the authority for providing Patent Registration. Those who want to register their Patent in Hyderabad can visit the Chennai branch office for the registration. Scroll down to check detailed information regarding Patent Registration in Hyderabad.

What is a Patent? – An Overview

A Patent is an exclusive right given by the Government of a particular country for a unique invention, and it also gives right to stop any unauthorized person from misusing, copying the invention and these rights are given for a limited time of 20 years after that the applicant need to renew it.

Patent Registration

This registration is an official certificate provided by the Patent Office for the filed Patent application. To get this certificate, the applicant needs to file an application with the Patent Office. Once they filed the application along with the relevant documents, the Patent Office checks it, and if it fulfils all the requirements or conditions, then they give you the Patent Registration Certificate.

There are only 4 Patent Offices in India which are situated in Kolkata, Mumbai, Chennai, and Delhi, where you can file the Patent application. For that, you have to select the Patent Office based on the Patent Rules. For example, if you from Hyderabad and you want to register your Patent, you have to visit the Chennai Patent Office because it’s the closest one. Patent registration in Hyderabad is not an option, there are only four offices, and you have to choose one Patent Office as per the Patent Rules. It simply means a Patent gives you a territorial right and filing a Patent application in any of the offices, it safeguards your Patent all over India.

Also, Read: A Complete Guide on Difference Between Patent and Copyright

Different Types of Patent Applications

  • Ordinary Application: Ordinary Patent application is carried out only when there are not any references or applications to any other application under the process in the IPO. The priority and filing date are the same for this type of application.
  • PCT Global Application: This Patent application is used to file the patent application in several nations, and you can file a Patent Application in 142 different nations in the world. It could take 30 to 31 months from the date of international filing to enter and claim safety in each nation.
  • Conventional Application: If an applicant has already filed a Patent application in another nation and now wants to do the same, this process will come under the conventional application. It is compulsory to file the application for the Indian Patent before twelve months of 1st filing it.
  • PCT National Application: This application can be file within 31 months from the date of international filing.

Who is eligible for Patent Registration in Hyderabad?

Any individual who wants to safeguard and protect their innovation or idea can apply for Patent Registration in Hyderabad. Moreover, it must be noted that the word invention contains both the new process and product. Furthermore, an average person who functions as an assignee of the Patent Act and claims to be the first and true inventor of the artwork or invention is eligible to apply for registration. Also, the Legal Representatives of a dead individual can file for Patent Registration as well.

Any invention regarding the Process, Manufacturing, work, or any different kind of invention, which has never been invented in the past for the public. Moreover, the following are some important factors to consider while applying for Patent Registration in Hyderabad:

  • Uniqueness: The most important factor to consider while applying for Patent Registration is that the invention must be original, unique and distinctive in nature and should be not similar to other inventions. That means the invention has not been issued anywhere in India.
  • Industrial Accessibility: It simply means that the proposed invention needs to be capable of being used and operated by the industry in India.
  • Non-Obviousness: It means that the invention should not be very obvious, simple and already known in nature, and the invention will be considered by the skilled, qualified, and experienced person.

What are the Advantages of Patent Registration in Hyderabad?

Following are some of the advantages of Patent Registration in Hyderabad:

  • It gives you an exclusive right to eliminate others from selling, copying, misusing, or importing your invention without taking proper permission.
  • You can use your invention yourself.
  • It also gives a good market status and improves its portfolio by revealing the invention in the public domain. And also, it helps in building up an inventor’s reputation in the market and good relationship with customers and opponents.
  • Increase the value and goodwill of the business.
  • It helps in raising funds for the business.
  • Patent Registration valid for a period of twenty years.
  • The inventor has the right to transfer, sold or franchise the invention for making income.
  • Supports growing businesses.

What are the Requirements for Patent Registration in Hyderabad?

You can check all the essential requirements for Patent Registration below:

  • The fee charged will be based on the 1st Schedule of the Patent Act;
  • Following are different modes of paying fees for Patent registration:
  • DD or Demand Draft.
  • Banker’s Cheque.
  • Electronic means.
  • In case if the inventor if filing the application and submitting all the documents in physical form, then, in that case, the official authorities will impose an extra fee of 10%;
  • If the registration application is shifted from a normal person to any other person, then, in that case, the applicant needs to pay the remaining amount;
  • The Patent Registration fee will be paid to the Controller of Patents;
  • All the essential requirement mentioned above will also apply to Start-ups;
  • The registration fee must be paid in advance;
  • Always remember that once you pay the registration fees, it should not be refunded unless the same has been paid in addition to the Controller of Patents;
  • If the applicant withdraws the Patent application before the issuance of any objection, then some amount from the registration fees will be refunded to the applicant.

Different Types of Forms Required for Patent Registration in Hyderabad

Following is the list of different forms required at the time of Patent Registration:

  • Form-1 (Application for Patent Registration): It contains the details of the inventor or applicant, type of filed Patent Application, Invention Title, some declaration from the applicant or invention, and signatures of the applicant, inventor, and authorized person.
  • Form-2 (Complete or Provisional Specification): this form includes information regarding the type of application, invention’s title, description, claims, and abstract.
  • Form-3 (Undertaking and Statement): This form contains an undertaking and a statement on behalf of the applicant/inventor for updating the Controller for any foreign filing application for Patent Registration.
  • Form-5 (Declaration as to Inventorship): This form is required as a declaration as to Inventorship should be filed in the Indian Patent Office.
  • Form-26: This form is for authorization of an agent or any individual in a matter under the Patent Act. In the case where the application for the registration is filed by a Patent Attorney or Agent whose services are taken by the inventor, a form for authorization should be submitted in the Patent Office.
  • Moreover, in the case where the application is based on the earlier Patent application filed out of the countryunder the Convention Patent Application or PCT route, priority documents should be filed with the Patent application. If the earlier application of a Patent is in a different language other than English/Hindi, then a verified translation of the language also submitted to the Indian Patent Office.
  • Form-28: This form should be submitted by a start-up or small company. In order to take advantage of the category of the same, any proof needs to be submitted. In the end, all the vital documents, Forms must be signed by the certified person or the inventor.

What are the Vital Documents Required for Patent Registration in Hyderabad?

Following are some vital documents required at the time of Patent Registration in Hyderabad:

  • First, you have to submit a duly-filled application for Patent Registration along with the proof of right to file a Patent application;
  • If in the case required, submit a copy of MSME Certificate or Start-up India Certificate;
  • Submit Form-3 for filing Statement and Declaration under the provisions of Section 8;
  • If the applicant has not filed the complete provisions, then they need to file Provisional Specifications;
  • If a Patent Agent file the Patent Application, then they require to provide Form-26 as the Power of Attorney;
  • The Patent application for the registration requires to have the applicant’s signature or Patent Attorney’s signature or authorized individual’s signature;
  • The Patent Agent or the applicant/inventor filing the Patent application requires to sign all the pages of Provisional Specification;
  • In the case of any biological material, then it is mandatory to get proper permission from NBA (National Biodiversity Authority). Also, it is compulsory to mention the source of the Geographical Foundation.

What is the Detailed Procedure for Patent Registration in Hyderabad?

Following is the step by step procedure for Patent Registration in Hyderabad:

Procedure for Patent Registration in Hyderabad
  • Step 1: File an Application: The fist and vital step of Patent Registration is to file an application in Form-1 along with the provisional specification in Form-2. Moreover, the inventor needs to file the supposed registration form at the Indian Patent Office.
  • Step 2: Publish the Application: Once the applicant or inventor filed the Patent Application at IPO, then the Indian Patent Office will publish the Patent application after 18 months of time in the Official Gazette for the general public. Additional, it must be noted that the publication process is automatic, and the publication process doesn’t need any type of request from the Indian Patent Office (IPO).
  • But, in the case the inventor/applicant wants to get the Patent application published on a primary basis, the same can be finished by filing a request for the publication of an application. After that, IPO will file an application within one month of time from the date of request.
  • Step 3: File a Request for Inspection: After publishing the Patent Application in the Official Gazette, the applicant or inventor needs to file a request for inspection in the suggested form and the fees charged by the Indian Patent Office (IPO). Moreover, it will be noted that the inspection process of a Patent application is not an automatic process, and the Controller will inspect the Patent application only after receiving an inspection request. After that, the Patent application is examined.
  • Step 4: Issuance of Objections: Once the inspection of the Patent application is done, the IPO (Indian Patent Office) will either issue an inspection report or grant the filed application. Moreover, the inspection report drafted may contain some procedural objections or subject matter objections. Also, the proposed applicant or inventor will get six months period for providing the response to the inspection report. Once the applicant gives a reply, the Controller will examine the same, and if the Controller gets satisfied with the response, then they will issue the Patent; otherwise, they will give an option of hearing to the inventor or applicant.
  • Step 5: Grant of Patent: This is the last step of the procedure for Patent Registration in Hyderabad; if the Patent application fulfils all the requirements and suggested criteria for Patent Registration, then the Controller grants the Patent and publish the same in the Official Gazette of the Indian Patent Office. Also, they will issue a Patent Registration Certificate to the inventor or applicant.

Conclusion

To obtain Patent Registration in Hyderabad, you need to fulfil all the requirements mentioned above and filed all the forms along with the fees. Always remember that the procedure for Patent Registration is very complex and time-consuming, and each step must be followed carefully. Hence, it is advisable to hire a professional expert who will help you get Patent Registration in India.

Also, Read: How to get Patent Registration for Software in India?

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A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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