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Requirement for Invention to be Eligible for Patent Registration

Swarit Advisors

| Updated: Jun 30, 2018 | Category: Patent

Having a patent is having an exclusive right which will be then granted to you by the government in the case, you are an inventor and have presented with an invention that is completely new. It could be an incentive solution to an already existing technological problem. These exclusive rights over an invention via a patent has its limit on a time period. This limit is in the exchange for complete disclosure in front of the public. Have a look at the requirements that are mentioned below for invention to be eligible for Patent Registration:-

  • Novelty: – your latest invention that you wish to put up for a patent must be a novel one, it must be a new invention which means that your invention must not be in existence or never have been made before you presented it to the patent Registration office.
  • It shouldn’t be a prior art: – A prior art is a certain characteristic that’s simply not known in the existing public data of knowledge of its own technical field. This is called prior art, it refers to all that has ever been published. That has been presented or has ever been disclosed to the public. An example of such a technical prior art is a website or some sort of an article in some kind of magazine.
  • Inventive Step: – your Invention shouldn’t be an obvious one. It should something that involves an inventive step, not something that’s obvious of a skilled artist. Such a person is a PHOSITA which stands for a person ordinarily skilled in the technical art.
  • Industrial Application: –This invention is supposed to be a useful one that is capable of an industrial application. Something capable of actually being used or made again in any industry or an industrial application.
  • Not publically/commercially disclosed: – An application for the Patent Registration online needs to be filed before there’s any kind of disclosure in the public. Must be completed unknown to the public before you decide to file for an application of patent Registration. In some countries, there is a period called the period for waiving off such kind of disclosures.
  • Patentable matter: – And finally this invention has to be a part of the “patentable subject matter” that’s applicable under the law.

The Requirement for Patent filing in India: – while filing for a patent, following are a few types of applications for patent registration: –

  • A conventional application that is done within the period of 12 months or a year from the priority date.
  • A PCT application comes under a national phase, this is done within the time period of 31 months of the priority date.
  • A national application, which could be either a provisional application or a non-provisional application.

Patent Registration application by law, its section forms, and rules.

  • The form 1 application for the patent registration in duplicate {(sec 7, sec 54 and in sec 135, rule 20 (1) }.
  • Complete specifications in form 2 of provisional specification in duplicate section 10, rule 13 of comprising, the description, its claims and drawing abstract (if any).

Are you finding it difficult to apply for online Patent Registration by yourself? Are you looking for the help of professionals? If yes, then Swarit Advisors will be the perfect decision to avail the expert consultation in case if you are going to any legal online processes. Feel free to contact our specialists as we are having years of experience in offering constant support and help to reduce the complexities that you may face.

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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