Online Patent Registration

A patent is a legal document that grants an inventor or entity exclusive rights to their creative invention or product of creativity. The government of India grants these rights to the individual or entity if the invention is deemed unique. The patent provides the inventor or entity with full control over the production, use, trade, or importation of their invention and prohibits others from manufacturing it without permission. In India, patents are regulated under the 'Patent Act 1970' and 'Patent Rules 1972'.

Registering for a patent attorney is an excellent way to protect your invention or product for approximately 20 years. Patents can be registered for various procedures, including those related to art, manufacturing processes, machines, technological applications or apps, computer software, pharmaceuticals, chemicals, and more. With a patent, you can have peace of mind that your invention is protected and that you have exclusive rights to its use and production.

Different types of patent application forms and criteria for patent registration:

1. Primary Application: This type of application is used when there is no other reference or application for the same invention under process in the Indian Patent registration. The priority and filing date for this type of application are the same.
2. Traditional Form: This application is used when the inventor already has a patent registration in another country and wants to file the same in India. It is necessary to submit the initial application for an Indian patent within 12 months from the original registration date.
3. PCT International Application: This form is used when the inventor wants to file a patent registration application in multiple countries. It provides an option to file in around 142 countries and takes approximately 30-31 months from the foreign registration date to enter and claim authority in each country.
4. PCT National Phase Application: This form should be filed within 31 months of global registration.

To obtain patent registration, the invention should meet the following criteria:

1. Novelty: The invention should be new and not a part of prior art or references.
2. Inventiveness: The invention should be apparent to a person skilled in the art and involve some inventive action and technological progress.
3. Inventive Step: The invention should have some innovative action and technological advancement that contributes to the existing knowledge.
4. Utility Application: The invention should be manufactured, built or constructed, employed in at least one field of activity, and can be replicated as many times as necessary using the same features, procedures, or attributes.

1. Obtaining a patent gives the inventor complete control over whether others can use their protected ideas without their permission.
2. This means the inventor can take legal action against any third party violating their patent.
3. Having a patent also improves the inventor's credibility in the business market.
4. Patent holders can choose who to give permission to use their protected ideas and discoveries as long as the terms are accepted.
5. Patents can be traded or leased, just like other types of property.
6. Selling or licensing a patent can help an inventor raise money for their company.
7. Obtaining a patent also increases the credibility of the product's creator.
8. Having all the rights to a product as the inventor keeps competitors at bay and can lead to premium advantages and expansion of the inventor's firm and interests.
9. Licensing the idea can provide many benefits, such as a 5% or less royalty, to those who have innovative ideas but lack the funds to bring them to market.

1. Form-1 should be used for the patent application
2. Proof of the right to register the patent form is required
3. If applicable, a report and undertaking as per section-8 in form-3 must be submitted
4. If a patent agent is used, form-26 for the power of administration is required
5. Approval from the 'National Biodiversity Authority is necessary for the registration of biological substances
6. The geographical origin of biological material used in the innovation must be introduced
7. The applicant's signature is needed on all the required forms and documents
8. The appellant/agent should sign the last sheet of the complete stipulation
9. StartUp India Certificate or MSME should be submitted if applicable.

Searching for a Patent

Before filing a patent application, it is important to perform a patent search to confirm the novelty and authenticity of the invention.

Drafting the Patent

A patent is a legal document that outlines the details and techniques of the invention and explains the rights of the patent holder. There are two types of patent specifications: provisional and complete. The provisional specification is mandatory to establish a priority date, while the complete specification details the invention, the area of imagination, claims, process, and method to produce the invention.

Patent Registration Form Filing

The complete patent registration form is filed with the concerned patent registry. If only the provisional specification is filed, the complete requirements must be submitted within 12 months, failing which the application may be rejected.

Journal Broadcasting

Once the patent application is filed, the invention details will be published in the patent journal after 18 months from the priority date. The published information includes the title, primary abstract, request number, and information about the inventor or applicant.

Note: Startups and MSMEs can also apply for patent registration and may be eligible for certain benefits.

Under Section 25(1) of the Patent (Amendment) Act 2005, any individual can file a dispute.

1. Some common grounds for disputes include prior communication, public use, loss of inventive steps, non-patentability, inaccurate description, and wrongfully holding priority.
2. Disputes can also arise if the patent registration still needs to be completed within 12 months of filing the first application in a legally recognized country or if there is non-disclosure or incorrect notice of biological source matter.
3. Additionally, disputes can arise if the invention is expected based on traditional knowledge of any community worldwide.
4. Disputes can also be related to traditional cultural practices of any community in and around the world.

The patent examination is a crucial stage in the process of patent registration. Once the application is published, the next step is the examination of the patent. It's not an automatic process, so the applicant has to request an examination within 48 months from the date of filing or the priority date, whichever is earlier.

If all necessary documents are provided and the patent law requirements are met, the patent will be granted and its validity will be for a period of 20 years.