What Is Patent Registration?

Indian law is strict when it comes to patent registration. It comprises the inventor or owner of the invention obtaining the sole rights to the invention. To stop anyone from creating, utilizing, or selling the innovation without the patent owner's consent, the government grants it for a set period of time, often 20 years. In exchange, the holder of a patent is required to make the invention's specifics and details public in order to encourage further study and development. Vakilsearch can finish the online patent application with professional assistance.

What Can Be Patented in India?

It is possible to patent inventions that pertain to items, processes, and methods in India by registering a patent. Chemicals, medications, pharmaceuticals, software, and other recent advancements of existing innovations are included but not limited to. However, the invention must be original, obscure, and useful in industry.

What Kind of Inventions Cannot be Patented?

Patent registration in India does not allow the following inventions to be patented:

• The discovery of a natural law or scientific principle
• Literary, theatrical, musical, or artistic works are examples of aesthetic creations
• Plans, guidelines, or techniques for engaging in mental activity, playing games, or conducting business Inventions that violate morality or public order
• Inventions that might be harmful to the environment, animals, or people.

Types of Patent Application in India

Provisional Application - A provisional application, also known as a temporary application, is filed when an invention is still in the works and has not yet been finished. Any other relevant inventions will not be recognised as prior art to the inventor's application if a patent is filed early. When an invention requires more time to develop, this form of patent application is filed.

Ordinary or Non-Provisional Application - An ordinary or non-provisional application application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be submitted via:

Direct Filing - Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.

Subsequent Filing - Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.

Convention Application - The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries.

To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.

To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.

PCT International Application - PCT international application does not result in an international patent grant, it open the way for a shortened patent application process in multiple nations at once.

It is governed by the Patent Corporation Treaty, which can be validated in up to 142 nations. By filing this application, an innovation will be protected from being copied in these nations.

PCT National Application - If the applicant discovers an innovation, or a modest modification of an invention, that has already been applied for or patented by the applicant, he must file this application. If the invention does not need a significant inventive step, a PCT National application can be filed.

Divisional Application - If an application claims more than one invention, the applicant may choose to partition it and submit two or more applications. These applications have a priority date that is comparable to the parent application.

What Is the Importance of Patent Registration?

Registration of patent in India provides several benefits, including:

• Exclusive rights to the inventor or owner for the invention
• The capacity to prevent unauthorised production, use, or sale of the invention
• The capacity to sell, license, or otherwise dispose of the patent
• The capacity to pursue compensation and legal action against patent infringers
• Encourages research and development and innovation, both of which can stimulate economic growth.

Eligibility for Patent Registration

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

• The true and first inventor.
• True and first inventor’s assignee.
• The representative of the deceased true and first inventor his / her assignee.
• According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
• In the case of a proprietorship firm, the application should be made in the proprietors' name.
• In partnership firms, the names of all personally responsible partners must be included in the patent application.
• An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
• The applicant is required to disclose the name, address, and nationality of the true and first inventor.

Documents Required for Patent Registration

• Patent application in Form-1.
• Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
• Provisional specifications, if complete specifications are not available.
• Complete specification in Form-2 within 12 months of filing of provisional specification.
• Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
• Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
• Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
• Priority document must be filed in the following cases:
• Convention Application (under Paris Convention).
• PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled.
• Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
• If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
• The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
• All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
• Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

Benefits of Patent Registration

Here are the benefits of filing a patent registration in India:

• A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.
• Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.
• Patents can be sold as well as licensed like other forms of property.
• The inventor can also transfer the patent ownership.
• A patented product improves the brand perception and potentially enables the business to charge a premium.
• With exclusive patent rights, the patent owner controls the use of the invention for twenty years and longer.
• International Patent Protection Scheme, reimbursement of upto Rs.15 lakhs or 50% of total expense incurred for MSME international patent filing is provided by the Government.