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How to Patent Registration Process Can Be Useful for Individual in India?

How to Patent Registration Process Can Be Useful for Individual in India?
Swarit Advisors
| Updated: May 26, 2018 | Category: Patent

Each day there’s an increase in individual inventors and small to medium-sized businesses regularly asking to patent their work by patent Registration. The Patent Registration process will be discussed in this article.

What is a Patent and Patent Registration?

A patent registration is an absolute exclusive right of ownership to their invention or discovery granted to a particular person or an inventor or territory or an assignee by the Indian government to exclude others from using, making or selling or even importing the patent holder’s work.

Any invention or discovery can get a patent registration if it follows with following points:

  • Novelty: An invention or discovery has to be new and not something simply modified. It can not be a prior state of the art. The prior art reference is for everything that’s been published and presented or rather disclosed in front of the public by means of newspaper, website or any research article in a journal as of on the date of filing for the patent.
  • The inventiveness: Any inventive step means a feature of an invention that is supposed to involve any technical advances in comparison with the already existing knowledge and that would make the invention no so obvious to the person quite skilled at that art. The invention wouldn’t be considered so if the inventive step is not inventive in mind and is just a combination of teachings of different documents available to the public.
  • Utility or industrial: An invention must be truly capable of being reproduced and used in some kind of industrial engineering. It must take shape of a device or an apparatus. A product such as some kind of new material or any industrial process. An inventor is certified for its patency only if:
    1. It can be remanufactured.
    2. It can be used at least in any one activity.
    3. It can again be reproduced with exactly the same features or properties as many times required.

What are the Types of Applications for Patent Registration?

  • Provisional application: A provisional application is something of a temporary application field with a patent office, that’s to claim a priority date. So when an invention isn’t yet complete in every aspect, this application will be helpful. It is relatively less expensive to prepare and file which enables the investors to study the feasibility of their invention. However, it’s complete application must be filed within 12 months or else it’d be treated as an abandoned work.
  • Complete application: An application for patent registration containing the complete specifications and it claims of the invention is called a complete application.
  • Convention application: when an applicant files the application for patent registration claiming a priority date based on the same or similar application fielding one or more than one of the convention countries and this is called convention application.
  • Patent co-operation treaty or PCT for short: It’s an internal application for patent registration. It’s an international agreement to file a patent Registration application that has an effect up to 138 countries.

Note: PCT doesn’t grant you an international patent.

Swarit Advisors

Swaritadvisors.com is technology motivated platform establishing the specialized legal & Financial advisory services in India. We are dedicated to helping startups and MNC in solving legal, Taxation and compliance related to starting and running their business around the world.

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