Registration protects the rights of the Inventor and excludes others from profiting from your inventions without permission.
WHAT IS PATENT REGISTRATION?
PATENT REGISTRATION – A patent is a right granted to an individual or enterprise by the government that excludes others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the minutae of the invention. A patent for a product or process that proves successful can give its owner a serious competitive advantage over rivals. It is valid for 20 years, after which it falls into the public domain. A patentable invention can be any art, process, method or manner of manufacture; machine, apparatus or other articles; substances produced by manufacturing; computer software with technical application to industry or used with hardware; and product patent for food, chemicals, medicines and drugs.
ADVANTAGE OF PATENT REGISTRATION
- With exclusive rights, the owner of the patent controls the use of the invention for a full 20 years. Patents can make businesses and slow down rivals for years to come.
- You can transfer or sell your patent to another person at your discretion. Some businesses exist solely to collect the royalties from a patent they have licensed.
- A patented product is likely to improve brand perception and potentially enable your business to charge a premium. Owning the patent for a successful product or service would significantly increase the valuation of your business.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION
- Fill the Information Form
2. The work copy which is to be registered
3. Address and identity proof of the owner is required.
4. If its a Company, Certificate of Incorporation and Address proof is required.
FAQ
What can be patented in India?
In order to be a patentable subject matter, the new invention is required to meet the following patentability criteria: It should be novel. It should have inventive step or it must be non-obvious It should be capable of Industrial application. It should not fall within the provisions of sections 3 and 4 of the Patents Act 1970.
What can be patented in India?
New invention means any invention or technology in respect of a product or process which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of the patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art.
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.
When should an application for a patent be filed in India?
Filing of an application for a patent should be completed at the earliest possible date and should not be delayed. Delay in filing an application may entail following risks: Other inventors might forestall the first inventor by applying for a patent for the said invention There may be an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her. Therefore it is imperative that the application is filed before it is made public and used publicly. If an applicant is negotiating with a company, it is advisable that Non Disclosure Agreement (NDA) be executed so that the invention is kept confidential and its novelty is not destroyed.
What is the term of Patent in India?
The term of every patent granted under the Patents Act is 20 years from the date of filing of the application for Patent.
Does Indian Patent give global protection?
Patents like other Intellectual Property Rights are territorial in nature and therefore are effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
What information do I need to provide?
The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.
To apply for Patent Registration click here
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