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Provisional Patent Registration
Patent Registration in India
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Provisional Patent Registration
Patent Registration in India deals with the registration of inventions, where it provides a legal way to sell the invention and own the rights of it for a specific number of years and patents are given in terms of names. Patents can also be filed for revised products with significant improvements over the previous year. The goal of patent filing is to encourage the inventors to make the best of they can while they are awarded the special rights to all the patents in their name. The Intellectual Property department provides all the rights to the firm or a person who has involved in a new invention. The patent involves making, using, selling or importing the patented product or process without prior approval. For this they are getting all the essential information pertaining to the product for Patent Registration India.
Books, movies, and works of art cannot be patented, but protection is available for such items under the law of copyright. Patent law is one branch of the larger legal field known as intellectual property, which also includes Trademark Objection and copyright law.
Advantages of filing a Patent Registration in India
Owning Invention- Once a patent is registered it gives the ownership validity for next 20 years for the respective invention.
Business Steam – You can use the patent to build up on a successful business model.
Selling Rights – The original owner of the patent can sell and make profits about selling the same to other inventors or firms.
Credibility – A patent to a name provides a greater level of exposure and credibility and the value of the resulting product would be high owing to the innovation factor.
Documentation for patent application
Application form in triplicate.
Provisional or complete specification in triplicate.
Priority document (if priority date is claimed).
Power of attorney
Process of Patent Registration India
- Step-1: Patent Search
- Step-2: Drafting patent application
- Step-3: Filing of Patent
- Step-4: Grant of Patent
What is Patent Search?
Any invention that would need to patented should be done away with an extensive report. Large organizations, lawyers, SMEs, and researchers conduct patent searches in leading patent databases to determine the relevance of their inventions in light of the existing art. Patents include technical and legal information. Some of the reasons organizations need to conduct patent search are:
Patentability: Organizations need to conduct patent search in order to assess the novelty of the invention.
Research and Development: The patent search helps to discover new technology areas or improve extant products or processes.
Economic: In the fiercely competitive market, organizations need to keep track/monitor competitor activities to gain competitive advantage.
Financial: The patent search helps to avoid unnecessary cost spent on innovations prior investing in the technology area.
Legal: Patent search determines the potential infringes and identify opportunities for licensing.
Marketing: Organizations need to gather information about new patents filed in the particular technology area, inventors, alive or expired patents, etc.
What is Not Eligible for Patent Filing in India?
- - According to the Patent Act of 1970, certain inventions and discoveries are explicitly excluded from being patented. Here's a list of non-patentable items:
- - Inventions against the laws of nature.
- - Inventions detrimental to human, animal, or plant life or harmful to the environment.
- - Discoveries of basic scientific principles or theoretical concepts.
- - Identification of substances occurring naturally, whether living or non-living.
- - Inventions that are merely an existing process or apparatus unless they lead to a novel product.
- - Simple combinations yield predictable results or properties of their ingredients.
- - Elementary modifications or reordering of familiar devices.
- - Items explicitly barred by the Patents (Amendment) Act, 2002.
- - Agricultural or horticultural methods.
- - Procedures associated with medical, surgical, healing, diagnostic, therapeutic, or prevention of conditions in humans or animals.
Requirements for Provisional Patent Registration
- Prior conditions for Patent Registration in India in a nutshell
- The patent should be unique, that is it must be one of a kind and a similar one should not exist.
- Second, the invention must be non-obvious, which means that the invention must be a significant improvement to existing technology.
- Third, the proposed invention must be useful. Meaning no patent will be granted for inventions that can only be used for an illegal or immoral purpose. The invention must have some moral values added to it.
Prior conditions for Patent Registration
The patent should be unique, that is it must be one of a kind and a similar one should not exist.
Second, the invention must be non-obvious, which means that the invention must be a significant improvement to existing technology.
Third, the proposed invention must be useful. Meaning no patent will be granted for inventions that can only be used for an illegal or immoral purpose. The invention must have some moral values added to it.
Where to file a Patent Registration in India Application
It’s filed at the appropriate patent office using Form-1 and a Provisional Patent Registration /complete specification, along with the required fee. The following factors are used to determine a patent office’s jurisdiction –
- Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
- The place from where the invention originated.
- Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).
Patent Registration deals with the registration of inventions, where it provides a legal way to sell the invention and own the rights of it for a specific number of years and patents are given in terms of names. Patents can also be filed for revised products with significant improvements over the previous year.
What are the types of patent applications filed in India?
A patent would expire 20 years from the date of registration and in order to keep it valid in the same name a renewal process must be done.
No. Publication of an invention in any form by the inventor before filing of a patent application would disqualify the invention to be patentable. However, a grace period of 12 months is available in India for filing a patent application after disclosure of the invention through publication or display. This grace period is available only when such publications or displays are done in government notified exhibitions or paper read before learned society. A patent application must be filed before the grace period ends. A practical advice to inventors is that they should try to utilize the grace period only under special circumstances.
A patent would be required to be filed on different countries law basis, hence one patent fits all rule does not work out.
Yes, it is the primary thing that would kick start the registration process for the patent. Any invention that would need to patented should be done away with an extensive report. Large organizations, lawyers, SMEs, and researchers conduct patent searches in leading patent databases to determine the relevance of their inventions in light of the existing art. Patents include technical and legal information.
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