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What Is a Patent?

A patent is a right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The patent system is designed to encourage inventions that are unique and useful to society. Congress was given the power to grant patents in the Constitution, and federal statutes and rules govern patents.

Who can apply for a patent?

It is the inventor who has the right to apply for a patent for an invention. However, the right to apply for a patent can be transferred to another person – physically or legally (assignment)

Types of patent applications granted in India

  • Ordinary or Non-Provisional Application
  • Convention Application
  • PCT International Application
  • PCT National Phase Application
  • Patent of Addition
  • Divisional Application

There are a lot of benefits that the owner can enjoy after obtaining a patent, some of which are as follows:

  • Exclusive access to every right from the time of early filing
  • Freedom to make changes
  • ROI (Return on Investment)
  • Opportunities to get a good market reputation
  • Public disclosure

What is the Procedure for Patent Registration?

Following is the procedure to secure your patent with patent registration:

Step 1- File an application for the Patent Registration: For Patent Registration, firstly, you need to file an application providing the details regarding the invention in correspondence of the intellectual property department

Step 2 - Review regarding the Patent Application: Once you have submitted the application, it will be checked by the patent office of the Indian government, whether there is an existing patent on similar ideas. If your ideas are unique and are liable for the registration criteria, then the patent certificate will be granted.

Step 3 - Patent Grant: Once the patent office of the Indian government is done with their verification process, they will update the status of your application on the website of the government of India, department of industrial policy and promotion and the ministry of commerce and industry. It takes around one year to get the patent registration certificate.

What are the criteria to file the Patent Registration Application?

An invention made by you should not be published anywhere in India prior to the date of filing the patent application. Your invention must have the capability to be used in the industries. It is also important that the invention should not be obvious in nature and is fully considered by the skilled and professional person.

Types of patents

  • Utility patent
  • Design patent
  • Plant patents

Procedure for patent registration

  • STEP1: Patent Searches
  • STEP2: Patent Drafting
  • STEP3: Patent Application Filing
  • STEP4: Publication of Patent Application
  • STEP5: Examination of Patent Application/Patent Prosecution
  • STEP6: Grant of a Patent

Documents required for patent filing in India

  • Application form in duplicate (Form 1).
  • Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.(Form 2).
  • Drawing in duplicate
  • Abstract of the invention in duplicate.
  • Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
  • Priority document (if priority date is claimed) in convention application, when directed by the Controller
  • Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).
  • Power of attorney .
  • Fees (to be paid in cash/by cheque/by demand draft)

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