Checklist for Patent Registration in India
Swarit Advisors | Updated: Dec 19, 2018 | Category: Patent
Patent registration grants the right to the owner of the patent, for the invention done. It offers the benefits to the patentee such as supervising, creating, practicing, trading or importing the patented product or course of generating the same product. Once the product undergoes the patent registration, then nobody is allowed to make use of the invention without asking the approval from the patentee. In this article, we will discuss Checklist for Patent Registration.
If you think you have invented something and want that invention to get patent then get your patent registration. The invention must be one of its kinds that should consist of some steps in the formation which were never used or seen before and can be of some use in the industry. In India, patent registration is governed by the Patent Act 1979 and Patent Rules 1972.
You can file the application of the patent registration by an individual or Firm which will, in turn, help you to acquire the intellectual property rights over the invention. If your invention is found to be unique, then there is a separate Intellectual Property Department set up by the Indian government for granting the rights over the invention.
The Patent officer, controller general of patents, designs, and trademarks manages the application related to the Patent registration. There is a provision of filing the patent registration application electronically where you need to provide the complete specification with the prescribed government authority. The invention can be related to the process, art, manufacturing method, computer software, or chemicals or drugs.
On getting the certificate of registration, it will be valid for the next 20 years from the date of filing the patent registration application. After completing the period of 20 years, it comes under the public domain. If you are looking for filing the application of patent registration, you just need to contact swarit advisors. We have a team of professionals who deal in days in and day out and guide and educate you regarding the patent registration.
What do you think; can be Patented in India?
If you are thinking of getting your patent registered in India, then you must know what patentable innovations are-
The invention which you are planning to get registered under the patent registration can be related to work, process, manufacturing, the machine related, computer software or any kind of invention that has never been heard before.
Let’s take a look at the inventions that cannot be patented:
As per the Patent Act, 1970; following are the inventions that cannot be patented:
- The invention must not be in conflict with the natural laws
- The invention must not cause any harm or injury that results or may result from some action or judgment to human, animal or life of a plant or health or to the environment
- The invention must not be a mere disclosure of a scientific principle or the design of an abstract theory.
- You cannot go for the patent registration if you have just found a living or non-living substance existing or occurring in nature
- If there is an invention related to the processor the machine which is already known, then that cannot be filed for the patent registration, unless it results in the development of a new product
- If the invention is just a mixture, that is just the result of the collection of the properties of the properties
- Making something new by just arranging the devices in a unique or different manner, that is very common in nature
- Any kind of invention which is excluded by the Patents (Amendment) Act, 2002 cannot be filed for the patent registration
- If the method is used for agriculture or horticulture purpose
- When you come up with an invention that includes the process related to the medical, surgical, curative, prophylactic diagnostic, therapeutic or process for human being treatment
- Finding a process that can be used for the treatment of an animal in order to treat the disease
- If there is an invention related to the plants and animals including seeds, varieties, and species, or any biological process that can be used for the production of plants and animals other then microorganisms.
- The invention must not be a computer program or any mathematical tools
- When you create something in the field of literary, dramatic, musical or artistic work including cinematographic works and the television productions as well
- Coming up with a new computer program or any mathematical methods doesn’t fall into the list of the patent that can be registered
- A method of playing the game cannot be patented
- Any kind of information presentation cannot be filed for the patent registration
- If there is a topography of integrated circuits, gathering of or making of something equivalent to the properties of components which are known conventionally
- When the invention is in relation to the atomic energy then it cannot be patented
Process of Patent Registration
Patent registration involves the filing of an application with the prescribed authority in accordance with the Patent Act, 1970. Once your invention undergoes the patent registration, the patentee can acquire the monopoly over the invention. The patent must be registered to keep all the unnecessary disputes and infringement at bay.
There are certain steps that need to be followed for the registration of patent in India. Therefore, below are some steps mentioned to be taken into consideration during the patent registration:
Inquiry of a Patent
Whenever you think of filing the patent application, you must have the knowledge regarding the nonobviousness of the patent that you are looking to get registered. Our team at swarit advisors will conduct a patent search for you to figure out, whether there is an already existing registered patent in relation to your invention.
It is always advisable to do a patent search before the filing the application, in case there is an already registered patent similar to your invention then you won’t be allowed to register the patent and it would also save lots of time by evading the lengthy registration.
Filing of patent
A patent attorney or the inventor must file the application of patent registration after the completion of the Patent search process. The application of patent registration must include the specification, a legal document specifying all the scientific information in accordance with the patent rights. You require an experienced patent attorney as the specifications related to the patent are very essential.
Before the invention reaches the final stage, even so in the presentable form; only provisional specification will be filed by the inventor. The priority will be given to the one who has filed the provisional patent specification, in case there are two parties filing the application of patent registration for the same invention (without any claims).
Once you file the provisional specification, 12 months will be provided to you for coming up with the full invention.
You have to file the complete specification within 12 months from the date of filing the provisional specification. If the patentee fails to submit the complete specification within the stipulated amount of time, then the invention is considered to be abandoned.
There are certain points that must be specified in the complete specification of the patent registration such as title, the preamble of invention, name, address and nationality of the applicant, field of invention, use of the invention, prior art, problem to be solved, objectives of the invention, general statement of invention, a full description of the invention, the best method of making the invention work, statement of claims, drawings and abstract.
If the patent registration is done in India, then it will only be valid in India. But it doesn’t mean that your invention cannot be protected in other countries, you just need to file the separate application in every country you may want to protect the patent rights of your invention.
Patent Application Submission
This step involves the filing of the application of patent registration with the intellectual property department, along with the necessary documents required for the registration.
Publication of Patent
Once you submit the application of patent registration, it will be published in the patent journal. For the next 18 months, the patent application will not be published, however, to speed up the process, you can fill the Form-9.
Examination of the Patent Registration Application
The patent office of India Government will thoroughly inspect the patent application submitted by you and try to check whether there is a similar patent that is already registered or not. If the patent application filed by you is found to be unique and comes under the criteria of the patentable invention.
Getting a Certificate of Patent Registration
There is the website of the department of industrial policy and promotion, the ministry of commerce and industry, and government of India; where the status of application of patent registration will be updated upon the verification.
Documents Required for Filing the Application of Patent Registration
There is a list of certain documents that need to be submitted when you file an application of patent registration:
- The process of patent registration starts with an application for patent registration in Form-1
- Then you have to provide the overall specifications in Form-2. If you are not filling the Form-2, then you have to submit the provisional specification
- After this, you have to prepare the statement, undertakings, and Form-3
- There is a Form-5 which is a declaration that has to be prepared by the inventor as to the inventorship
- The inventor has to provide the proof, to showcase the right to file the Patent registration application
- Form-26 has to be filed in case the application of the patent registration is filed by the Patent agent or patent attorney
- You have to file the priority documents in addition to the application, within 18 months from the priority date; if you are filing the convention application (Paris convention) or PCT national phase application.
- If the application is related to the biological material obtained in India, then you have to provide the permission certificate issued by the National Biodiversity Authority
- When you file an application for the patent registration, you have to specify the source of origin of biological material that is used in the invention.
- The applicant, the patent attorney must sign the application of patent registration
Patent registration plays an important role, as it saves your product from being infringed by other parties. Along with this, you get the rights over the invention and may also generate the income out of the invention.
For any kind of query regarding the patent registration, do contact swarit advisors.
Also, Read: Procedure to obtain Patent Registration Certificate.
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