Requirement for Invention to be Eligible for Patent Registration

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[1] 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 publicly/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.


No Comments

Leave a Reply


Related Articles

Checklist for Patent Registration
Swarit Advisors
| Date: Dec 19, 2018 | Category: Patent

Checklist for Patent Registration in India

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...

Read More
Process of Patent Registration
Swarit Advisors
| Date: May 26, 2018 | Category: Patent

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

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...

Read More
Importance of Patent Registration
Swarit Advisors
| Date: Jun 21, 2018 | Category: Patent

Importance of Patent Registration and how can We Get it?

There’s a system of patenting in India that grants an owner of intellectual property rights over it. It is granted by the patent office of India and this patenting system...

Read More


Hi! My name is Akanksha! Let's talk.