What is Patent Registration?
A process under which an application is filed with the assigned authority so that one can register an invention in line with THE Patent Act,1970. A patent is valid for about 20 years. The patent can be for various things, including process, art, methods of manufacture, machines, software, chemicals, and other things.
Benefits of Patent Registration
There are many benefits of patent registration. Some of the advantages of patent registration are mentioned below:
- Complete protection against copying and infringement of invention
- One gets the complete authority and freedom to reform
- Gives access to all rights when filed early
- Inventions that are patented can be traded
- Limits competition
- Innovation increases
- Market presence is marked
- Public disclosure is permitted
- Source of generation of Return on investment (ROI) and substantial income
Patent Registration in India – Types, Documents Required, Eligibility of getting a patent, Procedure, Costs Incurred & Rules for filing a patent
One can consider the following guide to get a patent registration done in India.
(a.) Types of patents in India
- Ordinary application: Applications that have no references to any other under-process application in the Indian Patent Office. The priority date and filing date are to be the same for ordinary applications.
- Conventional application: If the investor has already filed a patent in a foreign country and now wants to file it in India, he can do so under the conventional application. It is compulsory for an Indian Patent that the application is filed within the 12 months of first filing it.
- PCT International Application: This type of application lets you file a patent application in various countries with a maximum limit of 142 countries and takes about 30 to 31 months from the international filing date to enter and request protection in each country.
- PCT National phase application: One can file this type of application within 31 months from the date of international filing.
(b.) Documents Required
The below-mentioned documents are required for patent registration.
- Patent application in Form-1
- Proof of right to file the application for patent can be attached along with the application.
- Provisional specifications are used when complete specifications are not available.
- Complete specifications in Form-2 within 12 months in case of provisional specifications.
- If applicable, statements and undertaking in Form-3 under Section-8.
- Form-26 If a patent agent files the patent application, a Power of Attorney is required.
- Permission from the National Biodiversity Authority before the patent grant if the application is regarding a biological substance. Also, the source of geographical origin is to be mentioned in case the biological material has been used in the innovation.
- The signature of the applicant/authorized person/patent attorney is a must in all applications.
- Signature at the end page of the complete/provisional specification, including signature at the right bottom corner of the drawing sheets.
(c.) Procedure
The procedure of patent registration consists of the following procedures.
- Conducting a search to determine the patentability of the invention
- Drafting of patent application
- Filing the patent application in India
- Publication of patent application
- Examining patent application
- Grant of patent
Step-by-step details of the procedure are:
- Conducting a search to determine the patentability of the invention
Before filing a patent application in India, one should conduct a thorough patentability search to determine whether or not a patent for it is available. One can conduct a patentability search using the following link: http://ipindiaservices.gov.in/publicsearch It should be noted that this step is not required in and of itself.
- Drafting of patent application
- Once the search has been completed, the next step is to prepare an application form in form 1.
- A patent specification must accompany each application. This must be prepared in Form 2, where the complete or provisional specification must be provided depending on the state of the invention (Whether it's partially completed or completed). If a provisional application is filed, the inventor has 12 months to complete the invention and file the complete application.
- In addition to the application, a patent draft must be submitted.
- Filing the patent application in India
These are the stages in patent filing.
- Form No. 1: Application for Patent Grant
- Form No. 2: Provisional/Complete Specification
- Form No. 3: Section 8 declaration and undertaking (only required when a patent application is already filed in a country other than India)
- Form No. 5: Inventorship Declaration
- Form No. 28: Only start-ups and small businesses can submit forms.
- Publication of patent application
Patent applications filed with the Indian patent office will be published in the official patent journal. This is usually done 18 months after applying. When the Indian patent act restricts the publication of the patent, it will not be published in the journal.
- Examining patent application
Before a patent is granted, every application for protection will be reviewed. Form 18 must be used to apply for an examination. The sooner a request is made, the sooner the examiner will examine the application. After the application is filed, it is transferred to the patent officer, who will examine it to ensure compliance with the patent act and rules. The officer conducts a thorough search in which they thoroughly analyze the relevant technology and communicate any objections. The report, in this case, is known as the First Examination Report (FER).
- Grant of patent
The patent is granted once all of the officer's objections are resolved.
(e.) Costs Incurred
- The official fees for filing a Patent drafting and filing Applications are INR 1,600 or INR 4000, or INR 8000 for individuals, small entities, or large entities.
- Attorney fees for drafting a patent application, on average, can range from INR 20,000 to INR 35,000.
- Early Publication request is an optional step.
(f.) Rules for filing a patent
- The fee payable is decided by the first schedule of the Patent Act.
- An additional fee of 10% is charged if documents are filed physically.
- Controller of Patents collects the fees.
- Inventors can pay the fee using electronic means, demand drafts, or banker's cheque.
- If the application is transferred from one to another person other than a natural person/ entity/institution/startup, then the payable balance is to be paid by the new applicant.
- The fee, once paid, is non-refundable. The only excess amount would be paid back.
- The application fee can be paid in advance.
- If the application is withdrawn before the issuance of the first statement of objection, some fee amount can be refunded. The amount payable is mentioned in the First Schedule of the Act.
Why Especia and Benefits of the package offered by Especia
We at Especia offer a variety of benefits and services to meet individual and organizational needs. Especia is specialized in valuation, taxation, and compliance. Especia has evolved into a one-stop financial services hub very soon with its solutions and unique expertise. Here you will find optimized solutions to your financial and accounting service queries. The benefits offered by Especia in the package of patent registration are mentioned below:
- Priority search for patentability of the invention
- Drafting patent application
- Filing of the Patent application
- Government fees included
