Patents Registration

Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.

Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.

Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India’s database to check if there is an object or invention that is the same or similar to the applicant’s invention.

However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

Types of patent applications in India

• Ordinary application: This type of application is carried out when there are not any applications or references to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary applications.
• Conventional application: If an inventor has already filed a patent in another country and now wishes to do the same, then this comes under the conventional application. It is mandatory to file the application for an Indian patent within 12 months of first filing it.
• PCT International application: PCT International application lets you, file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.
• PCT National phase application: You can file this application within 31 months from the international filing date.

• It keeps the competitors at bay, as you have all the rights reserved for yourself.
• Moreover, it increases your business revenues as it enables the patent holder to charge a premium for the invention.
• These patents are just like other forms of property. Hence, it is possible to license or sell them.
• It makes it easier to raise capital for your business if you are ready to sell or license the patent that you possess.
• The credibility of the inventor will go up after the patent registration is done.
• The selling of the idea outright will bring in much advantage to the inventor. It only brings royalty of 5% or less, but it is highly advantageous to people who have the idea but don’t have enough money to bring the invention to the market themselves.

• Patentable subject matter: According to the Patents Act, section 3 and 4 contains the list of non-patentable subject matter. Your invention should not fall under this list.
• Inventive or non-obviousness: The subject matter you wish to get patented should not be obvious to experts in the field. That is, it should be technologically advanced or economically profitable to be patented.
• Novelty: The invention should be new and innovative. And so, it should not be used in the public domain or elsewhere around the globe.
• Industrial applicability: Finally, this invention should be practical and usable in the industries or public domain.

• Patent application in form-1
• Proof of right to file the application or a patent. This proof could either be attached at the end of the application or along with it.
• If complete specifications are not available, then provisional specifications.
• In the case of provisional specifications, then complete specification in form-2 within 12 months.
• Statement and undertaking under section-8 in form-3 (if applicable).
• If a patent application is filed by a patent agent, then the power of authority is in form-26.
• 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.
• The source of geographical origin should also be included in the case of biological material used in the innovation.
• All the applications must bear the signature of the applicant/authorized person/Patent attorney.
• 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.