PATENT
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Patent is only granted for invention. For an invention to be patentable it should meet the following criteria –
- Novelty product or process has to be new and has not been published in India or elsewhere before the date of filing of patent application in India.
- Non obviousness invention should be not obvious for the person skill in the art.
- Industrial Applicability Invention is capable of being made or used in an industry.
Who can apply for a patent?
- A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person.
- The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office.
- The application for patent can also be made by virtue of an assignment of the right to apply for a patent for the invention
Procedure for patent registration
Patent Documents can be filed either through online or at the patent office in respective jurisdiction: Kolkata, Delhi, Mumbai, and Chennai.
For online filling
Pre-requisite – Login ID & Password; Digital Signature, Valid Debit/Credit/Net Banking facility for transaction.
E-Filing Procedure
- Form 1
- Provisional/Complete specification in Form 2
- 3 Description Claims
- Drawings (in PDF format);
- Figure of Abstract (in jpg format)
- Statement and Undertaking in Form 3
- Power of Attorney in Form 26
- Declaration of Inventorship in Form 5
- Form 28 (in case the applicant is a small entity);
- Letter/documentary proof to prove the small entity status (if any);
- Certified true copy of the Priority document (in case priority is claimed) in original, to be submitted within 6 months of filing the Application;
- Priority Details
- Requisite Statutory fees
PUBLICATION
A patent application will be published automatically in the official journal after expiry of 18 months from date of filing of the application containing title, abstract, application no. and name of applicant.
OPPOSITION (IF ANY)
Pre-grant Opposition upon publication but before the grant of patent, any person, on different grounds may file a pre grant opposition, in writing, represent by way of opposition to the Controller against the grant of patent. However the opposition will be taken by the patent office only after the filing of Request for Examination. It may be filed within 3 months from the date of publication of the application.
Post grant Opposition upon grant of patent any interested person, on different grounds may file a post grant opposition to the Controller against the grant of patent. Time limit: Within one year after the grant of a patent.
REQUEST FOR EXAMINATION
No Request, No Grant in Form 18 within period of 48 months from date of filing or priority, whichever is earlier.
FIRST EXAMINATION REPORT
After proper examination of patent application on the criteria of novelty, inventiveness and industrial application, the Patent Examiner will issue a First Examination Report (FER) and will send along with the application and specification to the applicant or authorized agent.
AMENDMENT OF OBJECTIONS BY THE APPLICANT
The issued FER give an opportunity to the applicant to file a response and overcome the objections raised by the Examiner. Time limit: Within 12 months from the date on which the First Examination Report has been issued to the applicant.
GRANT OF PATENT
The Controller will grant the application upon satisfactory response by the applicant to overcome all of the objections raised in the FER. On the grant of a patent, the application will be accorded a number, called serial number in the series of numbers accorded to patents under the Indian Patents Act, 1970.
RENEWAL FEES
- To keep a patent in force, the renewal fees shall be payable at the expiration of the second year from the date of the patent and the same shall be remitted to the patent office before the expiration of the second or the succeeding year.
- The number and date of the patent concerned and the year in respect of which the fee is paid shall be quoted.
- The annual renewal fees payable in respect of two or more years may be paid in advance.
FAQ
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Yes
Patentee has an exclusive right to prevent third parties from the act of making, using, offering for sale, selling or importing of a patented product or process
a) A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. b) The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office. c) The application for patent can also be made by virtue of an assignment of the right to apply for a patent for the invention.
The term of every patent granted is 20 years from the date of filing of application.
An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented.
It should have been done at the earliest possible date without any delay since the first to file application rule is applicable in relation to patent registration.
No, since online facility has been provided for the registration purpose.
A court may grant for relief in the infringement suit includes an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.
Don’t worry, just fill the above mentioned details & contact the professionals of Aapkaconsultant.com and we will guide you with the complete process.
If you want to get your patent registered, CLICK here
OUR SERVICES
Company Registration I Trademark I Copyright I Patent I GST I MSME
ISO Certification I Website/App Policy I Legal Documentation
Annual Compliance I Connect Consultant
Visit: Aapka Consultant to get Online Services of CA CS and Lawyers.
