Patent Registration grants intellectual property rights to the inventor of a new product, technology, or process. These rights give the inventor an exclusive opportunity to sell, manufacture, and import the invented product for 20 years from the application date if it gets approved. Let’s understand how you can get registration of a patent and what are the crucial steps involved in the procedure for obtaining a patent that you need to take.
Patent Registration is a legal process of securing exclusive rights over a newly invented product. These include the rights to manufacture, sell, and import the product for the next 20 years since the patent application filing date. It helps an inventor capitalize on his intellectual property and reward his innovative ideas, research, and development efforts appropriately. Wondering about its legal framework? Patent Registration is governed under the Indian Patent Act of 1970 and administered by the office of the Controller General of Patents.
Based on the terms of patent protection, there are two types of patent applications. Firstly, we have the Provisional Application to be filed for a temporary protection of 1 year while the product is in the development stage. This allows time to develop the product without the fear of losing exclusive rights over it. Secondly, we have the complete application which is filed for full-term patent protection. It can be filed directly or in the replacement of the provisional patent, once it lapses.
Besides, based on purpose, we can classify patent applications into 6 types. Let’s see what they are:
The procedure for obtaining patent involves a series of simple steps. You will first have to select the appropriate application to file. Then, visit the IP India portal and begin the application process. Remember, documents are the most crucial aspect of your application and will decide its success.
After being confident that your product meets all the requirements for Patent Registration, you can begin the patent filing procedure in India. The first step is to decide which type of application you want to file to initiate a procedure for obtaining a patent. You have two options to choose from:
Once you’ve decided which application to file, you can move to the next stage of the patent filing procedure in India, which is, conducting the Patent Search. Patent Search is conducted to check whether there are any similar inventions already patented or available in the public domain. This is done to ensure that the product seeking patent registration is absolutely novel and undisclosed to the public. If the search results are clear, you can move to the next step.
The procedure for filing patent application involves filing Form-1 and submitting it with Patent Specification in Form-2. You may require additional documents at this stage, which we will discuss later. Remember, if you’ve filed the provisional application, it must be replaced with the complete application within a year.
The next step in the procedure for filing patent application is drafting a patent specification, a detailed document that contains information of the invented product. It is filed with the application to ensure full disclosure of information to the Registrar of patent. At Setindiabiz, our legal experts help you draft Patent specifications accurately and comprehensively. Seek our assistance anytime you need it!
The following stage is the publication of application in the Patent Journal. It is done 18 months after the date of application and brings the invention into the public domain for the first time.
Within 48 months of applying, a patent examination is requested. An examiner is assigned to go through the details of the application and raise objections against any discrepancies found. If objections are raised, the applicant must reply within 12 months. If the replies aren’t satisfactory, show cause hearings may be called to settle objections.
Only after all the objections are settled, the Registrar will consider granting the patent rights to the inventor for 20 years from the application date.
Before answering this question, let’s first understand who is the rightful owner of a patented product. Well, the right to own a registered patent is reserved with its true inventor or his assignee. Whosoever files the Patent application among them, will be declared its rightful owner. This person will receive exclusive rights of manufacturing, selling, and importing the product after successful completion of the Procedure for Filing Patent Application. Now, let’s discuss what the procedure for registration of a patent really offers!
The procedure of Patent registration provides multiple benefits to the rightful owner of the invented product. These include the legal protection they receive against unauthorized use, the exclusive monopoly in trade, and other financial benefits through licensing or selling of the patent. Let’s have a closer look at how they impact the intellectual property rights of the owner in the long run.
Let’s compute the overall expense of the patent filing procedure in India into Government fees and Professional fees. Government fees are paid while submitting the patent application and other forms like the request for examination report and so on. This fee depends on how lengthy your application is, what is the mode of filing, and what are the charges of the examiner. Here’s a glance at the updated fees:
According to the Patent Act in India, an individual can apply for a patent only if the invention must be a new product, or process that involves innovation and can be made/used in an industry. The blog has provided you with deeper insight into exclusive patent rights through the patent registration process or patent filing procedure in India. Additionally, it has covered some other crucial aspects involved in Patent Registration in India.
Patent Registration is granted by the Office of the Controller General of Patents, Designs, and Trade Marks under the Indian Patent Act 1970.
Patent Search is the process of searching if there are any inventions existing in the same field similar to the one for which patent registration is being sought. It is required to analyse the patentability of the invention beforehand.
Patent filing procedure in India extends to 20 years from the date of application. However, if it is a provisional patent, it will lapse within one year from the application date and must be replaced by a complete application before that.
Patent registration process or procedure for obtaining patent can take months to complete as it has several stages. At the earliest, it might take from 12 to 48 months, if there are minimal objections and oppositions to your application.
No, to gain exclusive rights over your invention, you must take patent registration. However, you still enjoy legal protection against plagiarism, even if your invention is not patented
Thanks for sharing this great guide on patent registration procedure. I liked it so much because of the easy tone and understandable format of the content. Very usefull information provided indeed.
I really happy to visit your blog, here i found complete process of patent filling in India. I read many blogs but here I found complete process and your writeup is so simple, clean and easy to understand. Thanks for sharing it and will try to re-visit your blog.
Useful info on required documents. Thanks
Grateful for the share! The detailed procedure on this blog is helpful. A clear guide for those looking to understand. I will definitely share this blog with my friends.
Hi, I am living in Delhi and running a business.
I have create a unique patent and want to register it.
When I searched on google patent registration process, I landed on this blog and I’m truly impressed by the depth and accuracy of the information provided by you.
Thanks for dedicating the time and effort to create such an invaluable resource!
I’m impressed by the quality of information here. Thanks for putting in the hard work to create such a helpful resource