How to Start a PATENT REGISTRATION

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Overview of Patent Registration

A "Patent" is a crucial component of Intellectual Property Rights (IPR) and grants exclusive rights to an inventor over their invention. This right allows the inventor to make, sell, use, and import their product or process while preventing others from doing the same. Patents in India are governed by the Patent Act of 1970 and the Patent Rules of 1972, and they are valid for a period of 20 years. The Patent Office, under the Controller General of Patents, Designs, and Trade Marks, oversees the registration process.

What Can Be Patented in India?

In India, patents can be granted for inventions related to processes, works, computer software, manufacturing, machinery, or any new invention not previously available to the public.

For a successful registration, the invention must meet the following criteria:

  • Novelty: The invention must be unique and not previously disclosed or used in India.
  • Non-Obviousness: The invention should not be simple or obvious to a skilled person in the field.
  • Industrial Applicability: The invention must be capable of being used in industry.

Benefits of Patent Registration

The advantages of securing a patent under the Patents Act 1970 include:

  • Protection of Invention: A patent offers legal protection for your creation, preventing others from using it without your permission.
  • Sell or Transfer the Patent: Patents can be sold, transferred, or franchised, allowing the inventor to generate income.
  • 20 Years of Validity: In India, a registered patent is valid for 20 years from the date of registration.
  • Business Growth: A registered patent can help expand your business and attract investment.
  • Royalties: Patent holders can earn royalties by licensing their inventions to other companies.
  • Monopoly: With a patent, businesses and investors gain market monopoly and a competitive advantage.

Who Can File for a Patent?

In India, any individual or business entity seeking to protect their invention or idea can apply for a patent. The term "invention" includes both new products and processes. Additionally, a natural person or their legal representative, who can prove to be the true and first inventor, has the right to apply for a patent. The legal representatives of a deceased person, who was entitled to file for a patent before their death, can also apply.

Requirements for Obtaining a Patent in India

To obtain a patent in India, the following criteria must be met:

  • Patentable Subject Matter: According to Sections 3 and 4 of the Patents Act, certain inventions are not eligible for patent protection. If an invention falls under this list, it will not be granted a patent.
  • Inventiveness or Non-Obviousness: The invention must not be obvious or simple. It should require a skilled individual to create and should be technologically advanced.
  • Novelty: The invention must be unique and not previously disclosed in India. It must not exist in the public domain before filing the application.
  • Industrial Applicability: The invention must be practical and capable of being used in industry or for public benefit.

Different Types of Patent Applications in India

In India, there are several types of patent applications:

  1. Ordinary Application: This is a new application filed with the Indian Patent Office. The filing date and priority date are the same.
  2. Conventional Application: This type of application is filed based on a previous application made in another country. It must be filed within 12 months of the original filing date.
  3. PCT International Application: This is a global application filed under the Patent Cooperation Treaty (PCT) in multiple countries (up to 142 countries). Protection can be claimed in these countries 30-31 months after the international filing date.
  4. PCT National Phase Application: This application is filed in India after an international PCT application. It must be filed within 31 months from the date of the international filing to claim protection in India.

Forms for Patent Registration in India

Here’s a summary of the forms required for different stages of the patent registration process:

S. No. Stage of the Process Form No.
1. Application for the Grant of Patent Form 1
2. Provisional or Complete Specification Form 2
3. Statement and Declaration under Section 8 Form 3
4. Declaration as to Inventorship Form 5
5. Form for Start-ups and Small Business Entities Form 28
6. Authorization of a Patent Agent or Individual in Patent Matters Form 26

This chart provides an overview of the different types of patent applications and the associated forms for the registration process in India.

Documents Required for Obtaining Patent Registration in India

The following documents are required to obtain Patent Registration in India:

  1. Application for Patent Registration (Form 1): This is the primary document to initiate the patent application process.
  2. Proof of Right to File the Patent Application: The applicant must provide proof of their entitlement to file the patent application, which should accompany the registration application.
  3. Provisional Specification (Form 2): If the applicant does not have a complete specification, a provisional specification must be submitted. The complete specification must be filed within 12 months of the provisional filing.
  4. Statement and Declaration under Section 8 (Form 3): This form must be filed along with the application to provide details regarding prior patent applications and relevant information.
  5. Power of Attorney (Form 26): If a Patent Agent is filing the application, a power of attorney document must be submitted.
  6. Permission from National Biodiversity Authority (NBA): If the invention involves biological material, the applicant must obtain permission from the NBA before filing the patent.
  7. Geographical Origin of Biological Material: The applicant must disclose the source of geographical origin for biological material used in the invention.
  8. Signature of Applicant/Patent Attorney/Authorized Person: The application must be signed by the applicant or their authorized representative.
  9. MSME or Start-up India Certificate (if applicable): If the applicant is a Micro, Small, or Medium Enterprise (MSME) or a recognized start-up, they should provide relevant certification.
  10. Signature on the Last Page of the Complete/Provisional Specification: The last page of the specification must be signed by the applicant or their authorized representative.

These documents ensure that the patent application is complete and meets the legal requirements for patent registration in India.

 
 
 

Procedure for Obtaining Patent Registration in India

The procedure for obtaining Patent Registration in India involves the following steps:

Step 1: Patent Search
The first step is to conduct a Patent Search to determine the novelty and non-obviousness of the invention. This search helps the applicant identify if a similar patent already exists.

Step 2: Drafting of Patent Application
After completing the patent search, the applicant needs to draft the application in Form 1. The application should also include the necessary specifications in Form 2.

Step 3: Filing of Patent Application
Once the application is ready, the applicant must file it with the Indian Patent Office.

Step 4: Review of Patent Application
After submission, the Indian Patent Office will review the application to ensure it meets all legal requirements.

Step 5: Grant of Patent
If the authorities are satisfied with the application, the Patent will be granted for the invention. The process usually takes between 6 months to 1.5 years to complete.

Fees for Filing Patent in India

The fees for filing a Patent application in India differ depending on whether the application is filed electronically (e-filing) or physically. The following table summarizes the fees based on the type of applicant:

Particulars Individual Small Entity Other Than Small Entity
For Filing Patent Application Rs. 1600 Rs. 4000 Rs. 8000
For each page of Specification (beyond 30 pages) Rs. 160 Rs. 400 Rs. 800
For each claim (beyond 10 claims) Rs. 320 Rs. 800 Rs. 1600

Physical Filing Fees:

Particulars Individual Small Entity Other Than Small Entity
For Filing Patent Application Rs. 1760 Rs. 4400 Rs. 8800
For each page of Specification (beyond 30 pages) Rs. 176 Rs. 440 Rs. 880
For each claim (beyond 10 claims) Rs. 352 Rs. 880 Rs. 1760

This table provides a clear breakdown of the filing fees for both e-filing and physical filing, depending on the applicant's category.