Online Patent Registration - An Overview
Patent is approved and granted by India Patent Office which permits Patent owner to preserve a control or monopoly for a limited period of time for the use and development of his creation.
This right eliminates others from creating, processing, producing, using, marketing/selling, and importing the products or process in India without Patent owner's consent.
What can have Patent?
It can be any discovery/creation/ invention related to work, manufacturing, process, computer software etc. which was not introduced to the public earlier.
Patent Registration granted in India is applicable and valid only in India i.e. Patent owner is not allowed to exercise his rights outside India. In case Patent owner wants to get Protection in countries outside India, then he has to apply for the same in other countries within 12 months of receiving Patent in India.
Patent Registration Governing law
The Patent Act 1970 and Patents Rule 1972 govern the whole of Patent system.
Advantages of Patent Registration
- Invention is protected
Patent is an intellectual property which protects your creation/invention and averts or prevent others to use it without your prior consent.
- Sell or Transfer Patent
It can be a sold and transferred or franchised. By doing this, more revenue can be generated.
- Patent is valid for 20 years
Your invention gets Protection for a particular period which helps you to protect your invention.
- Build Business
It helps to build business and also helps in raising capital for the business.
By Licensing, Patent to other company, Royalties can be received by the owner.
Thus businesses and investors can have a complete monopoly and competitive benefit.
Persons Eligible to Apply for Patent Registration
An Application for a Patent for an invention may be made by any of the following persons:
- By any person claiming to be the true and first inventor of the invention.
- A natural person being the assignee under Patent law and claiming to be the true and first inventor of the art/research in respect of the right to make such an Application.
- By the legal representative of any deceased person who immediately before his death was entitled to make such an Application.
An application may be furnished by any of the persons mentioned either alone or jointly with another person.
Procedure for Patent Registration
The steps for the procedure of patent registration are as follows:
- Patent Search
If there is a Patent already registered which is similar to your idea, Patent Search saves the effort of going through the tedious Registration procedure.
- Patent Domicile
Patent that is registered in India is valid only for India. It does not apply to other countries. It is also possible to protect invention abroad also. For same, you need to apply for a separate Application in each country.
- File Patent Applicant
An Application should be filed with the department before disclosing all the details about your invention.
- Patent Review
Patent Office of Indian government reviews your Patent Application. Therefore check if there are any current Patents given or granted on the similar idea. If not, then they give a Patent for the submitted Application.
- Patent Grant
Once Patent is granted, the status of the Application will be updated online at the site. It can take approx.6 months to even 1.5 years for a Patent Certificate to be granted.
Patent Registration FAQs
No, an application for Patent Registration is not examined automatically after filing.
A Patentee needs to pay renewal pay every year. However, he/she can pay the same in a lump sum as well.
Yes, an IDA is located in Chandigarh, and the same is acknowledged as IMTECH (Institute of Microbial Technology).
Forms 18A, 29, and 30 have been recently introduced after the Patents (Amendment) Rules 2016. Further, Form 18A has been amended after the Patents (Amendment) Rules, 2019.
A Patent Office Journal includes details concerning Patent applications issued under section 11A; Notifications; Post Grant Publications; List of non-working Patents including Public Notices; and Restoration of Patents.
Yes, India has 4 patent departments situated at Mumbai, Kolkata, New Delhi, and Chennai. Further, every office has its separate provincial jurisdiction.
Yes, an applicant can demand early publication in Form 9, together with the fees prescribed.
After receiving Form 9, the Patent Office will publish such a request within a period of 1 month. However, the application must not have a link to the Atomic energy or Defense scheme.
If you are not able to file a reply within a period of 6 months or not able to take an extension of 3 months, then the request will be considered as abandoned.
No, there is no fee prescribed for filling a description for Pre-grant Opposition.
Section 25(1) of the Patents Act 1970 deals with the areas for filing representation.
The term “Patent” denotes an exclusive right granted to the patentee for his/her innovative invention. Further, this right is given for a limited period of time.
The IPD (Intellectual Property Department) has the authority to issue Patent in India.
A registered patent can exclude others from making, using, importing, selling, a patented product or procedure for producing that product without the prior consent of the patentee.
No, the Indian Patent is valid only in the territorial limits of India.
Yes, after acquiring Patent Registration in India, one can file an application to the PCT located in India.
A new invention that includes innovative and inventive steps can be patented in India.
For Patent, Swarit Advisors can file an application for registration on your behalf as we have a team of IPR experts who have a previous track record of filing a patent registration application in India.
The term “Industrial Applicability” denotes that an invention is practically feasible. However, the invention should be of such nature and type, which can be easily used in any kind of industry.
Yes, an application for patent registration can be filed online. The same has been made possible after the Indian Patent Office launched an online platform for filling registration applications in 2007.
The term “Criteria” includes novelty, inventive step, and capability for Industrial Application.
Yes, you can file an application for patent registration prior to the publication of the invention.
Yes, a grace period of 12 months is offered under the Patent Act. That means one can file an application within 12 months, starting from the date of publishing of the invention.
No, it is not necessary. However, it is always preferred to file it, as it provides the applicant enough time to analyze the market potential of his/her invention.
The application for patent Registration gets published after the expiry of 18 months, starting from the date of filing patent registration or priority date.
A Patent has a validity of 20 years. That means after that, it falls under the public domain.
Yes, you can restore the patent by filing an application for restoration within 18 months, starting from the date of cessation, together with the requisite fees.
No, there is no need to visit the Patent Office, unless the applicant has been called for an interview with the examiners concerning the application for Patent Registration.
The types of applications include Ordinary Application; PCT Application; Convention Application; Patent in Addition; and Divisional Application.
The term “Patent of Addition” denotes an additional patent application filed by the applicant for modification or improvement in the main application for patent registration.
The term “Divisional Application” denotes the application filed in a case where there are more than 1 invention, and the same needs to be disclosed in the patent application.
The term Patent Search denotes the process to determine similar invention and value addition in the Patent Application.
The date of filing the application for patent registration, whether complete or provisional, is the priority date.
The applicant needs to visit the official website and fill the e-application form for Patent Registration.
The term owner denotes the person having the authority to file a pending application and take action against infringement.
Yes, the rights of the owner are transferable in nature.
Yes, a patent assists businesses in making money by commercializing, selling, and licensing patent rights, etc.
The approximate cost for registering a patent will be between Rs 45000 to 65000.
WIPO Patent Search or USPTO Patent Search can assist in conducting searches in India.
One can check the same by conducting a Patent Search in India.
The term Patent Search denotes a step prior to the filling of patent registration application. It helps the applicant to check whether a patent of similar nature exists or not.
Yes, it is necessary to conduct Patent Search to know about the existing patents.
The main difference between the both is that the former protects the work of an author or creator, whereas, latter protects the invention of a patentee.
In India, a patent is granted only for a period of 20 years. That means an extension of a patent is not possible in India.
Yes, it is possible for a patent owner to reinstate his/her patent, if it expires. The interested person just needs to pay a surcharge, together with the maintenance fee.