Patent Registration

Patent Registration - Put Your Stamp on Your Invention

Inventors Listen! The Need for Patent Registration

Patent registration is important and required for any business establishment or even a start-up to protect the proprietary information from being replicated or stolen without the companies’ written consent. The patent once obtained will make you the rightful and legal owner of the technology or the product that has been patented, and gives you exclusive rights regarding its dissemination and use. Thus, it makes it essential to register your brand these days to safeguard your business interests, your brand ideas, your brand identity, brand logo, brand name, and business strategies.

Patent Registration in Our Country

A patent is basically that exclusive right, which is granted by the Government of a country to an inventor for his/her invention that is a novel solution to any existing technological issue. The patent right is granted for a limited time-period, which is in the exchange for the total & complete public disclosure of that particular invention.

Type of Patent Filing in India

It is possible to file the following three types of patent applications in India:

  • The Convention Application (this is within the time period of 12 months of the date of priority)
  • Then there is the PCT Application (the National phase). This is within the time period of 31 months of the date of priority.
  • There can also be a National Application (which can be a provisional as well as a non-provisional application)

Who Can Apply for a Patent?

Usually, the first & true inventor or any of his assignees can apply for a patent. However, under certain situations, the inventors’ legal representative(s) can also be authorized to apply/file for that patent.

Documents Needed for Patent Registration in India

  • The Patent-application in the Form no.1. The proof of right for filing the patent application from the side of the inventor. This proof of right can be a sort of endorsement at the ending of this application or it can also be a separate agreement, which can be attached to this application for the patent.
  • The provisional specifics, in case of the unavailability of complete specifications. Entire specification in the Form no. 2 within twelve months of filing of this provisional specification.
  • If it is applicable, then the statement & undertaking under the Section 8 in the Form no. 3. One can file this Form 3 with the application or one can file it within six months from the application date.
  • The declaration as to inventorship (Form 5) for those applications which are with complete specification(s) or with a convention application or with a PCT application where India is designated. One can file the Declaration as to inventorship or the Form-5 within 1 month from the application filing date, if the required request has been made in Form-4 to the Controller.
  • The power of authority, which is in the Form-26 (this is in the case where the patent application has been filed by a Patent’s Agent). In the general case of power of authority, a self-attested copy of it has to be filed by the Patent Attorney or the Patent Agent.
  • One has to file the priority document in the cases give below:
    • The Convention Application (this is under the Paris Convention)
    • PCT’s National Phase Application, in which, the requirements of Rule number 17.1 (a/b) haven’t been fulfilled
      Note: The priority document has to be filed either with the patent application or it can be filed before the expiry of 18 months from the priority date for enabling early publication of that particular patent application.
  • If the patent application is pertaining to any biological material that is obtained from our country, India, then the patent applicant requires submitting of the permission, which is taken from the National Biodiversity Authority, and this could be any time before the grant of that particular patent. But, it works even if the applicant submits that permission before the grant of his/her patent.
  • The form for the patent application must also clearly show the source of the geographical origin of any of the biological materials that are being used in those specification(s).
  • All applications have to bear the applicants’ signatures or the signatures of the authorized persons or Patent Attorneys with their names as well as the dates.
  • The agent/applicant has to sign the provisional and/or complete specification(s) along with the date on the last page of specification(s). The drawing sheets, which are attached, must also have the signature(s) of the applicant(s) or the agent(s) in the right-hand bottom-corner.

Step-by-Step Process of Patent Registration

Step 1. Involves Checking of Your Patentability Online

Before filing your patent application, patentability is checked first for determining the patent is available or not.

Step 2. Involves Drafting of Your Patent application

After the search is done, the next step involves the preparation of an application form (which is in the Form no. 1). Each of these patent applications must be accompanied with the patent specification(s). This is prepared in Form no. 2, where complete/provisional specification(s) are to be given depending upon the invention’s state (Whether it is partially completed or it is fully completed!) In case a provisional application is filed, a time-duration of twelve months is given for finalizing the invention and then the complete application is filed after that. A patent draft is also needed with the patent application. This is an important document as it is used by the patent registration office to decide the grant of that patent.

Step 3. Involves Filing of Your Patent Application in India

  • Application for the grant of the patent (Form 1)
  • Provisional specification or complete specification (Form 2)
  • Statement & undertaking under the Section 8. This is needed if the patent application is filed already in some country other than India. (Form 3)
  • Declaration as to inventorship (Form 5)
  • For the forms that are submitted by start-ups & small business entities only (Form 28)
  • The certified true copy of this Priority document (in the case where priority has been claimed)
  • The requisite statutory fees either by check or demand draft (DD)

Step 4. Involves Publication of Your Patent Application

The Patent application, which has been filed with the patent office in India, is published in their official patent journal. This is usually done after eighteen months of the filing of the patent application. In the special case where anyone wants to get the patent published earlier that this time, he/she can make a special request in the form no. 9 for the need of this early publication. When any restriction has been placed by the patent act (India) with respect to the publishing of any particular patent, it will not be published in the journal in that case.

Step 5. Involves Examining of Your Patent Application

Each patent application that is filed for the protection is examined before any patent is granted finally. The patent application has to be made for the examination in the form number 18. After the filing of the application, it is then transferred to the concerned patent officer; who then examines the patent application for ensuring it in accordance with the patent act & the patent rules. A complete search is then conducted by the patent officer where an in-depth analysis of the relevant technology is done and if any objections are seen, they are communicated to the concerned party. The report that is issued in this particular case is called FER, i.e. the First Examination Report.

Step 6. Final Grant of the Patent

The patent will be granted only when all the objections that are raised by the officer have been fully resolved.

Aparna Jain
Lawyer
Lawyer & Founding Partner
Harinder N
Lawyer
Lawyer & Founding Partner
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