Overview of Patent Registration

Patent Registration provides a statutory right to the inventor by the government for his/her invention which is either a new process or product. The Registered patent helps the inventor to prevent the third party without authorization of making or manufacturing, using, offering for sale, selling, importing, distributing, and licensing.

Benefits of Patent Registration

• Grants Right to Inventor

Registered Patent keeps the opponent away, as the inventor has all the rights owned by him/her.

• Good Market Reputation

Patent rights enable the inventor to get a noticeable market status and improve his portfolio by uncovering the invention publicly. It then helps him in building up a good relationship with consumers and competitors that ultimately add to his revenue.

• Enhances Business Interest

Patent registration enhances the business interests and enables the registered patent holder to receive a premium for the invention.

• Public Disclosure

Patent rights allow public disclosure that helps the inventor in building up his portfolio along with increasing the funds, market value, and business partners. Sharing information that pertains to the invention publicly will demonstrate the inventors’ specialization and good command over the technical subject-matter. All these facts benefit the owner by attracting leading and high-end investors, shareholders, business partners, and consumers.

• Provides Legal Status

Registered patents provide legal status to the inventor. Hence, it is reasonable to license them.

• Fund Raising

If a patent holder ready to sell or license the patent that he/she possesses, it helps in simplifying the process of raising the funds.

• Enhances Credibility

The credibility of the inventor will get enhance after the patent registration is done.

• Privileges for Return on Investment

Sometimes, the owner finds that his invention is not bringing good outcomes for him and therefore, wants to hand it over to any other deserving or successful person. Once obtained, the patent rights allow him to earn a good amount of ROI, i.e., returns on his investments by commercializing the invention.

• Advantageous in Longer Run

The selling of the invention will result in various advantages to the inventor. It only helps in getting a royalty of 5%, but it is highly advantageous to inventors who have the idea but don’t have the appropriate money to bring the discovery to the market themselves.

• Prohibits Usage of Registered Inventions

Registered Patents prohibits others from using patents’ creativity without the patentee’s permission. Also, in case of violation, it helps in suing the 3rd party.

• Exclusive Access from Early Filing

Patent registration begins bestowing the inventors with the benefits right from the first step, i.e., the time of filing for the patent. The applicant gets the security and surety that no other person or company could claim the ideas similar to his invention, as soon as he files the Provisional Patent Application.

• Liberty to Make Changes

The patent law entitles the owner to use his ideas in any way for the permitted period. It means that the owner owns full freedom to utilize, sell, or even modify the original invention and to prevent others from making profits from the same ideas without his consent

Documents Required for Patent Registration

For Patent registration, the below-mentioned forms and documents are required-

1. For FORM-1 (Application for Grant of Patent)

• Identity Proof of the Inventor and Assignee
• Address Proof of the Inventor and Assignee.
• Contact Details
• Information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed
• Some declarations, among other information.

2. For Form-2 (Provisional/Complete Specification)

• Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending on the type of patent application you are filing.

3. For FORM-3 (Statement and Undertaking under Section 8)

• Particulars of Assignments
• Details of Foreign filing.

4. Form 5: Declaration as to Inventorship

• This application is used to declare the inventors of the current patent application

5. For Technical Information

• Background of the Invention
• Disclosure of need of invention
• Summary of the Invention
• Description of how the Invention works.

6. For Form-18 Request for Examination.

7. For Form-19 Request for Early Publication.

8. Form 26 Disclosure of Power of Authority (If assigned to the Patent Agent)

9. Request for Publication: This is optional (form 9) if the express publication is required.

10. Other Details

• Disclosure of Claims and Abstracts
• Requisite Statutory fees ( cheque / DD)
• Proof of Right to file the form of patent:-The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
• MSME or Start-up certificate
• Provisional specifications, if complete specifications are not available.
• Priority document must be filed in the following cases:

• Convention Application (under Paris Convention).

• PCT National Phase Application wherein requirements of Rule 17.1 (a or b) of has not been fulfilled.

• If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent.
• The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
• All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.

A) E-Filing

B) Physical Filing

For a customized and attractive quotation, please contact us with your product details to Kapish Laur (+91- 99717 70603) or Rekh Atri (+91 98118 03136) or Manju Laur (+91 9711994042).

Process to Apply for Patent Registration

• Application for grant of registration
• Provisional/Complete Specification
• Statement and Undertaking under Section 8
• Declaration as to Inventorship
• Request for publication
• Request for Examination of Application for Patent
• Authorization of a Patent Agent

• Step-1- Engaging a Professional

Before you proceed with the filing of patent application you need to decide if you will be taking any help of patent professional or undertaking the patent process itself. Considering the no. of deadlines it is recommended that you hire a professional who has experience in the world of patent.

If you decide to take the help of professional make sure that you sign a NDA (Non Disclosure Agreement) with the patent professional before revealing about your invention.

• Step-2-Patentability Search

The very first step for Patent registration is the patentability search. Patentable search determines the novelty, inventiveness, industrial application & enabling of the invention. https://ipindiaonline.gov.in/epatentfiling/user/NewUserRegistration.aspx.

After Patentable Search, an applicant needs to create a user id and password for applying online.

• Step-3-Drafting the Patent Application

After a patentable search, if the invention is patentable, an applicant has to draft an application that includes the description of the invention. Once a patent application is drafted, the very first step is to file the patent application.

• Step-4-Patent Filing Application

The next step is filing the patent application. An application must contain specifications of the invention and other required and related details of the invention. An applicant can file both provisional and complete application for their invention to get a Patent registration.

• Step-5-Publication of Application

Once the application is filed it goes to the Indian patent office. Simultaneously, the Indian patent office publishes the patent application in the official patent journal. Along with the same, the patent application comes in the public domain after the patent office publishes it.

Every application is published in the official journal after 18th month period from the date of filling of application or the date of priority of application whichever is earlier. There is a provision for early publication of an Indian Patent application by filling a formal request. The early publication rule does not apply if:

• Secrecy directions are imposed under Section 35 of The Act.

• Application has been abandoned under Section 9(1) of The Act.

• The applicant has withdrawn his application three months prior to the expiry of said prescribed period of 18 months

• Step-6-Examination of the Application

After publication, the next is the examination of the patent application. Unlike the publication of the application, the examination does not happen automatically by way of filing the Indian patent application.

For examination, the applicant has to request for examining their patent application. It helps in determining whether the invention meets the statutory requirements for patentability or not. The examiner examines the application considering the prior art information of the invention.

• Step-7-Objection by the Examiner

The examiner can raise the objections while examining the application. The examiner scrutinizes the application following the patent act. Based on the information mentioned application, the examiner will issue an examination report to the applicant. The examiner will state all the objections related to the application.

• Step-8- Office Action Response

Once the examiner issues the Examination Report, the applicant has to successfully revert on the objections raised by the examiner to receive a patent grant. The applicant has to respond to examination reports, appearing for hearing, etc.

Note- The maximum duration given to respond is 6 months from the issuing date of the First examination report. However, this duration can be extended for a period of another 3 months by filing a request to the IPO.

• Step-9-Grant of Patent Registration

Once the application overcomes all the objections raised by the examiner, the patent office will grant a Patent to the applicant. Once the patent is granted, the IPO publishes it in the patent gazette.