Patent Registration
After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or services and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
The lifetime of a patent is 20 years. This period is limited in most cases, but it could only be extended by the act of congress and in rare cases it could be extended for a few years.
The patent could be for many things, be it process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. We, at Maheswari Consultancy act as a patent agent and helps companies in registering themselves in Delhi NCR, Mumbai, Bengaluru, Chennai and all other Indian cities.
Types of patent applications in India
- Ordinary application: This type of application is carried out when there are not any applications or references to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.
- Conventional application: If an inventor has already filed a patent in other country and now wishes to do the same, then this comes under conventional application. It is mandatory to file the application for Indian patent within 12 months of first filing it.
- PCT International application: PCT International application lets you, file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.
- PCT National phase application: You can file this application within 31 months from the international filing date.
What Is Included In Our Package?
Prior Art Search
Application Drafting
Application Filling
Government Fees
Detailed Procedure
Patentability/Novelty search
Before, we jump onto how to complete the patent registration process, you should know whether a patent will be available for it or not. For this, you must go to https://www.laxarna.com/patent-search. This a required step, in case you haven’t done so.
Drafting of A Patent Application
- After the patentability search, the innovator should prepare an application in Form 1.
- Then, you need to attach patent specification with each application. This is done in Form 2, where complete or provisional specification is mentioned depending upon the state of invention. If it is provisional specification, then a period of 12 months is provided for one to finalize the invention and file the complete application.
- Finally, you need to submit in your patent draft. On the basis of this draft, the patent office will decide whether the patent could be granted or not.
Filing the patent application
- Step 1: To apply for the grant of patent, use form 1.
- Step 2: For provisional/complete specification use form 2.
- Step 3: For statement and undertaking under section 8 (used when patent application is already filed in country other than India), use form 3.
- Step 4: For declaration as to inventorship, use form 5
- Step 5: For start-ups and small entities, use form 28.
Patent filing
- Ideation: At this step, the inventor is required to pen down the idea or concept and properly mention the key details about the invention that needs to be patented.
- Visualization: Create a visual description of your idea in the form of diagrams that explain more about the invention.
Publication of patent application
The application filed with the patent office will be published in the official patent journal. This is done after 18 months of the filing of the patent. The inventor can use form 9 for early publication. In case, there is some restriction placed by the Indian Patent Act with regards to the publishing of the patent, it will not be published in the journal.
Examination
Examination process is done before the patent is granted and the application for examination has to be made in form 18. This process should not be delayed, as it is on first come first serve basis. After this application is filed, it is passed on to the patent officer who checks every condition according to the patent rules and regulation.
If there are any issues that needs to be addressed then, it will be communicated.
Issuance of Examination report
After the thorough search is conducted, then First Examination Report (FER) is filed in this case.
Grant of Patent
After the Patent Officer acknowledges the completion of all objections raised, then the patent is granted.
Documents needed to get patent registration in India
The following documents are required to get your patent registered:
- Patent application in form-1.
- Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
- If complete specifications is not available, then provisional specifications.
- In the case of provisional specifications, then complete specification in form-2 within 12 months.
- Statement and undertaking under section-8 in form-3 (if applicable).
- If patent application is filed by patent agent, then power of authority in form-26.
- If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
- The source of geographical origin should also be included in the case of biological material used in the innovation.
- All the applications must bear the signature of the applicant/authorized person/Patent attorney.
- The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.
Requirements of Getting a Patent in India
The following requirements are necessary to get your invention patented in India:
- Patentable subject matter: According to the Patents Act, section 3 and 4 contains the list of non-patentable subject matter. Your invention should not fall under this list.
- Inventive or non-obviousness: The subject matter you wish to get patented should not be obvious to experts in the field. That is, it should be technologically advanced or economically profitable to be patented.
- Novelty: The invention should be new and innovative. And so, it should not be used in public domain or elsewhere around the globe.
- Industrial applicability: Finally, this invention should be practical and usable in the industries or public domain.
Rules of Patent Registration
- The first schedule of the Patent Act, describes the fee payable.
- 10% additional fee is charged in case of documents are filed physically.
- The inventor can pay the fee using electronic means, in case, demand draft or banker’s cheque.
- The fee would be paid to the Controller of Patents.
- If the application is transferred from a natural person to a person other than a natural person (entity/institution), then the balance amount will be paid by the new applicant.
- The same is with the case of start-ups. That is, if the application is transferred from a natural person to a person other than a natural person, then the difference amount will be paid by the person to whom the application is transferred.
- The fee once paid, will not be refunded. Unless, some excess amount is paid to the Controller of the Patents.
- The fee can be paid in advance of the application process.
- Some amount of fee can be refunded, if the application is withdrawn before the first statement of objection is issued. The amount specified is mentioned in the First Schedule of the Act.
Advantages of Patent Registration
- It keeps the competitors at bay, as you have all the rights reserved to yourself.
- Moreover, it increases your business revenues as it enables the patent holder to charge premium for the invention.
- These patents are just like other forms of property. Hence, it is possible to license or sell them.
- It makes it easier to raise capital for your business, if you are ready to sell or license the patent that you possess.
- The credibility of the inventor will go up after the patent registration is done.
- The selling of the idea outright will bring in much advantage to the inventor. It only brings royalty of 5% or less, but it is highly advantageous to people who have the idea but doesn’t have enough money to bring the invention to the market themselves.
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Frequently Asked Questions
After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or services and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
You can get your patent registration using our expert services. We, at Maheswari Consultancy ensure smooth procedure of patent registration.
We at Maheswari Consultancy, charge the following for patent registration:
- Rs.19,999 onwards for a provisional patent
- Rs.35,999 onwards for permanent patent
For this you need to follow certain steps (detailed information on these steps is given above) and these are:
- Patentability/Novelty research
- Drafting of patent application
- Filing the patent application
- Patent filing
- Publication of patent application
- Examination
- Issuance of examination report
- Grant of patent
The following documents are required to get your patent registered:
- Patent application in form-1
- Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it.
- If complete specifications are not available, then provisional specifications.
- In the case of provisional specifications, then complete specification in form-2 within 12 months.
- Statement and undertaking under section-8 in form-3 (if applicable).
- If the patent application is filed by a patent agent, then power of authority in form-26.
- If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
- The source of geographical origin should also be included in the case of biological material used in the innovation.
- All the applications must bear the signature of the applicant/authorized person/Patent attorney.
- The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.
The invention that can be patented could be:
- Art, process, method or manner of manufacture
- Machine, apparatus, or other articles
- Substances produced by manufacturing
- Computer software with technical application to industry or used with hardware
- Product patent for food, chemicals, medicines, and drugs
20 years
Details of the invention in the form of CD or a pen drive mentioning the name, comparison with other existing products, uses and data of publication (if any). The information of the applicant should also be provided.
After the expiration of the patent, the patentee is supposed to disclose the invention in the patent document for anyone to practice.
In case an applicant meets all the specified statutory requirements, then the applicant is supposed to draft a patent application. This has to be filed with the patent office.
Every year many new inventions are patented. And even more are rejected due to some copied reasons. Therefore, it is advised to patent search first, to save time and effort.
It becomes necessary to save time and effort which is required for registering your patent. The expert services will help you to be more accurate while filing for patents.
It is advised that you should first complete the process of patent registration and then disclose the information to the potential investors. In case it is unavoidable, then we recommend you should go for Non-Disclosure Agreement (NDA) with your potential investor.
An applicant is required to submit a request of hearing 10 days before the expiry of the statutory period. In case of failure to do so, the controller may refuse his application without hearing the inventors take on the matter.
We have a pan India service of patent application. And we have satisfied clients in numerous states such as Mumbai, Delhi, Gurgaon, Noida, Bangalore, Chennai, Hyderabad, Ahmedabad, Kolkata, Surat, Pune, Jaipur, Lucknow, Kanpur, Nagpur and other Indian cities.
To obtain patent you have to first apply for a patent.
- Fill patent application form/apply for a patent
- Patent check
- Patent a name
- Documentation
- Patent submission, after you are done with the patent procedure, you can simply get the patent of your idea.
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
For a software to be patented it must fulfil the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.
| Basis | Patent | Copyright |
|---|---|---|
| Applies to | Inventions & Ideas | Photographs, movies, music, software code |
| Applicants | Inventors and designers | Artists and creative professionals |
| Ownership without registration | No | Yes, but rights are limited |
| Validity | 20 years | Lifetime of the author, plus 60 years |
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for, then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used, then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
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