Patents are pivotal in protecting the intellectual property rights of fresh innovations, be they products, services, or processes. In India, to ensure these rights are recognized and upheld, one must adhere to the Indian Patent Act of 1970 for patent registration.
At SRN Filings, we understand the intricacies of the Indian patent landscape. With our experts and streamlined processes, we guide you step-by-step, ensuring your invention stands out and receives the protection it rightfully deserves. Ready to safeguard your innovation? Let SRN Filings lead the way to a hassle-free patent registration process.
A patent is a legal certificate that grants individuals or companies exclusive rights to protect their inventions, ensuring others cannot import, produce, or sell their inventions without permission. Many inventors patent their innovations to shield their unique concepts from unauthorized use.
Patent Registration is a formal process that grants inventors exclusive rights to their invention, whether it’s a product, service, or technology. This gives the inventor sole authority over their creation for the patent’s validity. Inventors and businesses must register their patents to prevent unauthorized individuals or entities from using, selling, or manufacturing their inventions without consent.
In India, a diverse range of inventions can be granted patent protection. These encompass:
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:
Registering a patent is of paramount importance for several reasons:
Always consider consulting with experts when thinking about patent registration process to reap its full benefits.
For an invention to be patentable in India, it needs to fulfill the following key criteria:
Consult a patent expert to understand and navigate the patent application process effectively.
In India, once a patent is registered, it remains valid for a period of 20 years from the date of filing the provisional or complete patent application. After the conclusion of this 20-year tenure, the patent becomes public property.
To file a patent registration application in India, the following documents are essential:
Acquiring a patent registration in India involves a systematic procedure, commencing with a Patent Search and culminating in issuing a Patent Registration Certificate.
Here’s a breakdown of the Patent Registration process in India:
Begin the process with a thorough patent search to ascertain the invention’s uniqueness. It’s advisable to undertake patent searches before filing to gauge the novelty of your invention. If your invention mirrors prior art or closely resembles existing patents, its novelty might be contested by the Indian Patent Office. Hence, preliminary patent searches are pivotal to gauging the probability of patent approval.
Upon completing the international searches, the next step is to draft the patent specification. This document, framed in technical and legal terms, may or may not incorporate the inventor’s claims. Absence of claims indicates a provisional specification; presence denotes a complete one. The specification outlines the invention, offering a comprehensive description, practical instances, and the best implementation method. A patent is legally shielded when its specification, including the inventor’s claims, is exhaustive.
After preparing the Patent Specification, you can proceed with the patent application filing in India. Depending on the drafted specifications, applications can be either provisional or complete. The Provisional or Complete Specification is lodged in Form 2, whereas the Patent Application is in Form 1, in line with the Indian Patent Act. If you’ve filed a provisional patent specification, a complete one encompassing the inventor’s claims should be submitted within 12 months. Ensure to pay the requisite patent registration fees along with the application.
Post the patent application, the patent is listed in an official gazette for public scrutiny. This transparency enables the public to raise objections against the patent, provided they have valid reasons.
The patent application undergoes examination only after an explicit examination request has been made. This request should be made within 48 months from the patent’s filing or its priority date. An assigned patent examiner then scrutinizes the application, releasing an examination report highlighting concerns. A response to this report must be dispatched within a year of its release. If needed, the examiner might summon the applicant or representative to a hearing to address these concerns, termed patent prosecution.
Upon successfully resolving the examination report’s concerns and the examiner’s satisfaction with the applicant’s clarifications, the patent application progresses to the final stage: the grant of a Patent Registration. This concludes the procedure for patent registration in India. Conversely, if the counterarguments don’t convince the examiner, the application gets declined, necessitating the applicant to restart the entire patent process for subsequent protection in India.
It’s filed at the appropriate patent office using Form-1 and a provisional/complete specification, along with the required fee. The following factors are used to determine a patent office’s jurisdiction –
The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.
The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, the National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.
The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.
The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.
To ensure the continued protection of an invention, it’s essential to renew the patent regularly. If not renewed, the patent expires, and the invention becomes publicly accessible. In India, patent renewal is a yearly process carried out by the patentee by applying along with the requisite patent registration fees.
If the patent expires due to non-renewal, one can apply for its restoration. To do so:
SRN Filings is your trusted partner in safeguarding intellectual innovations. The patent registration process in India can be intricate, but with SRN Filings, it’s simplified. Our expert team, proficient in the Indian patent system, offers comprehensive assistance, ensuring your application is compliant and resilient with affordable patent registration fees. Choose SRN Filings to transform your innovative concepts into protected assets.
