PATENT REGISTRATION

The basic question arises that what exactly is Patent Registration and how it is used. The process of getting the complete property right to any invention done by any particular person or a company is known as Patent Registration. Here in Patent Registration, it is also said that if the invention or product of that individual or company is unique and different from others, the government will give the company or the person full rights of that product. In this, the company or person will have the full right regarding the product i.e. production, usage, selling, or importing the product and restricts others from making and producing a copy of that product.

In our country, India’s patents are managed and governed under the Patent Act 1970 and Patent Rules 1972. The patent can be put on many things like art, method of production, process, machine, software, technical applications, chemicals, etc.

Just like products patent also have a lifetime. The life duration of a patent is 20 years maximum i.e. after 20 years the patent regarding the product taken by any company or individual will expire.

TYPES OF PATENT APPLICATION

• Ordinary Application:

Ordinary Application is made if there are no applications or references to any other application under process in the Indian Patent Office. The priority date and filing date are the same in ordinary application.

• Conventional Application:

If the individual or company has filed a patent on a particular invention or product in another country and still want to do the same, then it comes a conventional application. It becomes necessary to apply for Indian patent within 12 months i.e. within 1 year of first filing.

• PCT International Application:

PCT Application stands for The Patent Co-Operation Treaty Application. This application permits you to file a patent for a product in another country. It is an international application that let you file the patent in up to 152 countries. It takes at least 30-31 months from the international filing date to enter and claim protection in each country.

• PCT National Phase Application:

In PCT National Phase Application you have the permission to file the patent for the invention within 31 months from the international filing date.

STEPS FOR HAVING SUCCESSFUL PATENT REGISTRATION

• Check On Patentability:

The company or the individual investor has to check

whether the product is patentable or not under the terms and conditions of the Patent Act, and they have to get confirmed whether the invention is new and different and has not been launched earlier to the filing with the patent office.

• Specification Drafting:

The inventor has to give a detailed description of the invention or the concept by using drawings, diagrams, sketches to explain the working of the product how it works and specify the claim.

• Filing Of Patent:

The patent can be filed in India with the provisional or complete specification but in any case, the complete filing must be done within 12 months.

• Patent Office Activity:

The patent is granted only when the patent is examined and published by the patent office. It is granted only if the examiner passes and shows it green chit i.e. if only no objection is received from the examiner, and if there is no third party opposition for passing any objection against the patent for the particular product or invention.

DOCUMENTS REQUIRED FOR PATENT REGISTRATION IN INDIA

Following documents are required for successful patent registration:

• .Patent application in form-1
• In the case of provisional specifications, then complete specification in form-2 within 12 months
• If complete specifications are not available, then provisional specifications.
• . Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it.
• The source of geographical origin should also be included in the case of biological material used in the innovation
• Statement and undertaking under section-8 in form-3 (if applicable).
• . All the applications must bear the signature of the applicant/authorized person/Patent attorney.
• If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
• If a patent application is filed by a patent agent, then power of authority in form-26
• The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

RULES OF PATENT REGISTRATION

• The first schedule of the Patent Act describes the fee payable.
• The fee would be paid to the Controller of Patents.
• 10% additional fee is charged in case of documents are filed physically.
• The same is with the case of start-ups. That is, if the application is transferred from a natural person to a person other than a natural person, then the difference amount will be paid by a person to whom the application is transferred
• If the application is transferred from a natural person to a person other than a natural person (entity/institution), then the balance amount will be paid by the new applicant.
• . The inventor can pay the fee using electronic means, in case, demand draft or banker’s cheque.
• Some amount of fee can be refunded, if the application is withdrawn before the first statement of objection is issued. The amount specified is mentioned in the First Schedule of the Act.
• The fee once paid, will not be refunded. Unless some excess amount is paid to the Controller of the Patents.
• The fee can be paid in advance of the application process.