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What Is Patent Registration
Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. Patents are also available for significant improvements on previously invented items. The goal of the patent system is to encourage inventors to advance the state of technology by awarding them special rights to benefit from their inventions. Books, movies, and works of art cannot be patented, but protection is available for such items under the law of copyright. Patent law is one branch of the larger legal field known as intellectual property, which also includes trademark and copyright law.
What Is Patent Registration
To qualify for a patent, the invention must meet three basic tests.
First it must be novel, meaning that the invention did not previously exist
Second, the invention must be non-obvious, which means that the invention must be a significant improvement to existing technology.
Third, the proposed invention must be useful. Meaning no patent will be granted for inventions that can only be used for an illegal or immoral purpose.
What is Patent Search?
Any type of invention requires a thorough search and analysis to verify its novelty. Large organizations, lawyers, SMEs, and researchers conduct patent searches in leading patent databases to determine the relevance of their inventions in light of the existing art. Patents include technical and legal information. Some of the reasons organizations need to conduct patent search are:
- Patentability: Organizations need to conduct patent search in order to assess the novelty of the invention.
- Research and Development: The patent search helps to discover new technology areas or improve extant products or processes.
- Economic: In the fiercely competitive market, organizations need to keep track/monitor competitor activities to gain competitive advantage.
- Financial: The patent search helps to avoid unnecessary cost spent on innovations prior investing in the technology area.
- Legal: Patent search determines the potential infringes and identify opportunities for licensing.
- Marketing: Organizations need to gather information about new patents filed in the particular technology area, inventors, alive or expired patents, etc.
Thus, conducting a patent search is pivotal for organizations to define IP strategy, determine state of the art (unearthing the prior art and identify novel elements and understanding the IP landscape), check for freedom to operate prior foraying into the market, and locating potential infringes for the purpose of filing law suits or earn revenues.
Advantages of Owning Patent Are:
You own the invention for given time (20 years)
You can use it to build a business
Rent it (in this case license it) to existing businesses
Exclude all others for using, selling, offering for sale and importing your invention in your country
You can completely sell the patent to other company
- Application form in triplicate.
- Drawing in triplicate (if necessary).
- Provisional or complete specification in triplicate. If the provisional specification is filed it must be followed by complete specification within 12 months (15 months with extension).
- Abstract of the invention (in triplicate).
- Priority document (if priority date is claimed).
- Information and undertaking listing the number, filing date and current status of each foreign patent application in duplicate.
- Power of attorney (if filed through Patent Agent).
- Fee in cash/by local cheque /by demand draft.
- Declaration of inventorship where provisional specification is followed by complete specification or in case of convention application.
|Provisional Patent Registration
|Above cost includes filing of the provisional application for device patents Indian Patent Office on the basis of the invention abstract and provisional specifications provided by the client.|
|Permanent Patent Registration
|Above cost includes filing of the complete specifications registration (non-provisional) application with Indian Patent Office for device patents on the basis of the invention abstract and complete specifications provided by the client.|
Procedure For Patent Registration
Stage 1: invention disclosure
This is initial phase when you disclose your invention to the patent professional (patent agent) by signing a Non disclosure agreement. Here you should submit each know fact about your invention, description diagrams and experimental results (if any). Hold nothing back.
Stage 2: Novelty search (Patent Ability Search)
In this phase, patent professional performed an extensive search for prior art in all possible databases for patent, articles, thesis etc… And builds a patent ability search report based on closest prior art found for your invention.
Stage 3: Decide to file Patent Application
On reviewing the patent ability search report and discovered closest prior arts for your invention you can take a decision whether to go ahead with patent application filing. When you decide to go ahead with patent filing next step is writing patent application also called as patent drafting.
Stage 4: Patent drafting (patent writing)
Drafting a patent application is a specialized job and requires both technical (field of invention) and legal (Indian patent act) understanding. Hence, right patent professional (patent agent) with appropriate experience can remarkably add value to patent application.
Stage 5: Filing Patent Application
When you done with the review of patent drafted and satisfied with the scope and technical details in the patent application, you can file the patent application is prescribed manner. That is with appropriate forms with appropriate fees
Stage 6: Request for Examination
The request for examination is to be made within 48 months from the date of filing the patent application, along with prescribed form and fees. This is the request made to Indian patent office to examine you patent application.
Stage 7: Responding to objections in Examination Report
The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant.
Step 8: Respond to Objections
Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyze the examination report along with patent professional (patent agent) and creating a response to the objections raised in the examination report.
Step 9: Grant of patent
The application would be placed in order for grant once it is found to be meeting all patent ability requirements. The grant of patent is notified in the patent journal which is published time to time.
Stage 10: Renewal of Patent fees
Maintaining patent for its entire life time that is 20 years from filing date requires renewal fees to be paid to patent office as mentioned in link here.
Frequently Asked Questions
Can a published or disclosed invention be patented?
No. Publication of an invention in any form by the inventor before filing of a patent application would disqualify the invention to be patent able. However, a grace period of 12 months is available in India for filing a patent application after disclosure of the invention through publication or display. This grace period is available only when such publications or displays are done in government notified exhibitions or paper read before learned society. A patent application must be filed before the grace period ends. A practical advice to inventors is that they should try to utilize the grace period only under special circumstances.
What is considered as the date of patent?
The date of patent is the date of filing the application for patent (whether provisional or complete). The term of the patent is counted from this date.
What is the term of a patent in the Indian system?
Term of the patent is 20 years from the date of filing for all types of inventions.
How does one keep a patent in force for the full patent term?
A patent has to be maintained by paying the maintenance fees every year. If the maintenance fees are not paid, the patent will cease to remain in force and the invention becomes open to public. Anyone can then utilize the patent without the danger of infringing the patent.
What are the essential documents to be generated and submitted by a potential patentee?
There are two types of patent documents usually known as patent specification, namely (i) Provisional Specification and (ii) Complete Specification