Patent Registration

The patent is an exclusive right granted to the Patentee over his/her invention by the government for a limited period of time. Through Patent Registration, the patentee shall have all the rights regarding controlling, making, using, selling or importing patented product or process for producing that product. After Patent Registration, no one will be able to use the invention without the consent of the patentee. However, whether the invention is patentable or not depends upon various factors such as the invention must be innovative which involves an inventive step and which can be used in industry.

Any invention relating to a product or process that is new, involving inventive steps and capable of industrial application can be patented. The inventor is required to make an application to the government with full disclosure of his invention for the grant of patent.

A patent provides only territorial protection of rights and therefore it is applicable only within India or that particular country in which the patent has been filed. There is no protection of the patent worldwide. Filing a patent application in India enables the applicant to file a corresponding application for the same invention in convention countries, within 12 months from the date of filing in India. Separate patents should be obtained in each country where the applicant requires protection for his/her invention.

A patent application can be filed either by the first inventor or his assignee, either alone or jointly with any other person. Application for patent should be filed before making public the invention disclosure. If this is not done, making public the invention will destroy the novelty of the invention.

In India, a patent for a product is granted for 20 years from the date of filing the patent application. 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.

Some of the advantages of patent registration in India 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

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Legal Protection to Invention: Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered then legal protection is not enforceable.

Transferable Rights: Patent Registration gives the patentee a right to sell or transfer a patent as it helps in raising revenue.

Validity Period of 20 years: After Patent Registration, an invention is legally protected for a period of 20 years.

Competitive Advantage: Patent Registration gives a competitive advantage to the business. For similar products, competitors will not be able to use the patented invention.

Asset Creation: Patent is an Intellectual Property Right, therefore, Patent Registration given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.

The following cannot be referred to as inventions under the Patent Act of 1970.

• Such a contravening creation to natural principles
• An invention that is harmful to people, animals, plants, people's health, or the environment
• If the discovery of a scientific concept or the formulation of an abstract theory constitutes the invention
• If the discovery of any naturally occurring living or non-living substance constitutes the invention
• just developing a machine or established procedure without producing a novel product
• Simple admixture, which collects the characteristics of the components
• Simple rearranging or arrangement of highly prevalent in nature gadgets
• Such innovations that are not covered by the 2002 Patents (Amendment) Act
• Any technique applied in horticulture or agricultural for medical, surgical, curative, prophylactic, diagnostic, therapeutic, or other human treatment purposes.
• Any procedure applied to animals to ensure their health is disease-free
• inventions related to plants and animals, such as seeds, species, and variants, as well as the generation of plants and animals other than microbes, which is mostly a biological process.
• Use of a computer program or mathematical techniques
• Simple rearranging or arrangement of highly prevalent in nature gadgets
• Any work that is related with literature, drama, music, or the arts, including films and television shows
• Any bare game-playing strategy
• merely presenting information
• the integrated circuits' topography
• The invention, which is a combination or replication of components with established properties
• Atomic energy-related inventions cannot be patented
• Atomic energy-related inventions are not eligible for patent protection

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Applicant/Inventor Details

• Name and Address of the Inventor(s)
• Name and Address of the Applicant(s)

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Information about the Invention

• Area of invention
• Abstract of Invention
• Description of the invention
• How does the invention works
• Advantages of the invention done
• Any Lab records if any duly signed with date by the inventor and respective authority

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Form 1-Patent registration Application

Form 2-Provisional or Complete Specification

Form 3-Statement and Undertaking under Section 8 of The Patents Act, 1970

Form 5-Inventorship Declaration

Form 9-Publication Request

Form 18-Examination Request

Form 26-Patent Agent Authorization

Form 28-For Small Entity

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