A Patent is an exclusive set of rights granted by the Authority to the Applicant of an invention for a period of 20 years under the Patent Act in India.
Patent is a legal document, which gives an inventor the exclusive right to make, use, and sell an invention for a specified number of years.
What is patentable?
To qualify for a patent, the invention must meet three basic tests.
First, it must be novel, meaning that the invention did not previously exist.
Second, the invention must be non-obvious, which means that the invention must be a significant improvement to existing technology. Simple changes to previously known devices do not comprise a patentable invention.
Finally, the proposed invention must be useful. Legal experts commonly interpret this to mean that no patent will be granted for inventions that can only be used for an illegal or immoral purpose.
Advantages of Patent Registration in India
Protects Invention, Ideas and Concept
Patent Is an intellectual property which protects your invention and prevents other to use it without your prior permission. Ideas and Concept also eligible.
Right Preference for first applicant
Even first step of patent registration, i.e. patent filing itself (Provisional Application) security and surety that no other person could claim the same invention for 12 months. After which non-provisional application has to be filed with complete claims and description. Meanwhile, If someone tries to claim the invention as theirs, then their request will get rejected for filing period.
You got exclusive right for 20 years. Therefore the patent holder retains an absolute monopoly on product or process for the period of patent.
Patent rights can be licensed to other companies to receive royalty payments
Sell or Transfer against Consideration
You can sell or transfer the patent right to other against fair consideration.
Helps in Building business
With your patented innovation, you can use it to grow your business
A patent is an Intangible assets in Books of accounts like other Fixed Assets. Its value in the Books recorded at Cost Model or Revaluation Model. For More details of Valuation See Accounting Standard 26 issued by ICAI.
Documents Requirement for Patent Registration in India
ID Proof of Applicant ( Passport/Aadhar/Voter ID) & Nationality
Title of the Invention
Description of the Invention
Other documents - Drawing, Form 1/2/3/5/8/9/19/20, Power of Attorney, Declaration ( Case to case varies and/or Required as per demand by Controller)
Patent Registration Process in India
Disclosure of Invention to Professional/Agent
This is first step to start processing your Patent registration. Need to hire a Professional ( or Patent Agent) by signing NDC (Non Disclosure Agreement ). Here you need to disclose your Details of your Invention, Description diagrams and experimental result, without hiding anything.
Novelty Search (or Patentability Search)
A Novelty Search or Patentability Search is generally conducted in the early stages of Research & Development. This search is conducted when an inventor is interested in applying for a patent, and wants to determine whether a similar or identical invention already exists. In this phase, patent professional performed an extensive search for prior art in all possible databases for patent, articles, thesis etc. and based on that a Search report prepared which helps to determine that an application for Patent could be filed with authority. The main purpose of Novelty Search is to get Professional Opinion on Novelty/Uniqueness, Inventive Step and its Applicability in the industry before you go for Filing. That saves your cost. IT IS OPTIONAL FOR APPLICANT.
Decision to file Patent application
Based on Novelty Search Report of Professional OR At your own option you decide to go for Patent Application Filing with Authority and Hire a Professional ( or agent) to avoid any mistakes. # IF at Early Stage of R & D, Ideas and Concept stage – Opt ‘Provisional Patent Application’. # For Completed Innovation ( or Project) – Go for ‘Complete Patent Application’ . Here again have option to Opt Ordinary Application ( tame taking process ) or Priority Application ( with extra Govt. Fee saves processing time)
Next job is Drafting of patent application. It is specialised job and requires both technical (field of invention) and legal (Indian patent act) understanding. A patent is a techno-legal document Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application not worth a lot. And all the efforts you took for research and development can go waste. Hence, right Patent professional (or agent) with appropriate experience can remarkably add value to patent application.
Filing of Application
Once your application drafting is completed and checked properly, next step is to file the patent application in prescribed manner. That is in the appropriate forms along with Govt. fees. Govt. Fees varies based of type of applicant. If you do not opt for early publication (with extra Govt fee varies 2500 to 12500, publish in one month) the patent application will be published on expiry of 18 months.
Request for Examination
The request for examination is to be made within 48 months from the date of filing the patent application, in the prescribed form along with fees. This request is basically made to Indian patent office to examine your patent application.
Respond to objections
If there is any objection raised by the Examiner based on his examination, you have the the option to file Response against the Examination Report. This is a chance for an inventor to communicate his novelty or inventive step over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s.
Grant of Patent
When all the stages are successfully passed and meet compliance and eligibility requirements, Patent is granted and goes for Publication.
What types of inventions are not patentable in India?
An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:
An invention which is frivolous or which claims anything obviously contrary to well established natural laws;
An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment;
The mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature; The mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regards to efficacy.
Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regards to efficacy.
A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
A method of agriculture or horticulture;
Any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
A mathematical or business method or a computer program per se or algorithms;
A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
A mere scheme or rule or method of performing mental act or method of playing game;
A presentation of information;
Topography of integrated circuits;
An invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components;
Inventions relating to atomic energy;
Our Pricing for Patent Works
Professional's Novelty Search Report
Provisional Patent Application
For Individual Applicant ( Filing at Idea, Concept and R&D Stage) ( Otherthan Non Biological/Chemical Invention)
Provisional Patent Application
For Entity Applicant. ( Filing at Idea, Concept and R&D Stage) ( Otherthan Non Biological/Chemical Invention)
Our Service Package for Patent Registraion
Our Patent Professional give on call consultation to client first to make him clear about the process of registration with Authority, understand his/her project and documents requirement and pricing.
Patent Professional perform an extensive search for prior art in all possible databases for patent, articles, thesis etc. and based on that a Search report prepared for you. (This is Optional service if taken by Applicant)
Patent Professional prepare your application and co-ordinate with you for Title of invention, details specification of invention and relevant facts.
Filing of Application
Once your application drafting is completed and checked properly, we file your application along with payment of Govt. fees. In case of Filing of Provisional Application ( For Idea, Concept and R&D stage), again within 12 months Complete application also file with details specifications of the invention.
Request for Examination
Within 48 months of Filing Complete Application, we file the request for Examination of Patent along with prescribed fee
File Response against Examination Report
This Compliance we do, If there is any objection raised by the Examiner/Controller. We file the response within the lime limit.
On Successful passing of Examination stage, You Patent is Granted by the authority. Our Professional Serve best to get it done smoothly by complying all technical and legal formalities.