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.
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.
It is possible to file the following three types of patent applications in India:
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.
Before filing your patent application, patentability is checked first for determining the patent is available or not.
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.
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.
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.
The patent will be granted only when all the objections that are raised by the officer have been fully resolved.
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