What is Patent?
“A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.”
-WIPO(World Intellectual Property Organization)
Patent Registration in India
Patents registration in India is governed under the Patents Act, 1970. It is regulated by Controller General of patents. An application for Patent registration can be made either online at the online filing system or offline at the the Indian Patent Office or you can apply for patent registration here with us to get it done easily.We will take care of your entire application process.
Here you can find everything you may want to know about the patent registration in India.If you want to know more contact us at +91 8750008844 we will hep you.
What is a Patent?
A Patent is an exclusive right granted for an invention for a limited period of time to the inventor by the Government. A patent protects the invention from others – making, using, selling, importing the patented product or process without the consent of the inventor in exchange for full disclosure of his invention to the government before it is published to the public domain.
What can be patented?
An invention relating either to a product or process that is new, involving the inventive step and capable of an industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable.
How can I apply for a patent?
A patent application can be filed either offline at Indian Patent Office or online at online filing system.You can easily apply for patent registration from here to get it done easily without many efforts.
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. However, the legal representative of any deceased person can also make an application for patent.
Does Indian Patent give protection worldwide?
Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries, within or before the expiry of twelve months from the filing date in India. Therefore, 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.
Is it possible to file an international application under Patent Cooperation Treaty (PCT) in India?
It is possible to file an international application known as PCT application in India.File it from here.
What are the criteria for patentability?
An invention to become patentable subject matter must meet the following criteria –
i) It should be novel.
ii) It should have inventive step or it must be non-obvious
iii) It should be capable of Industrial application.
iv) It should not fall within the categories of inventions that are not- patentable.
should an application for patent be filed before or after, publication of the details of the invention?
The application for patent should be filed before the publication of the invention and till then it should not be disclosed or published. Disclosure of invention by publication before the filing of the patent application may be detrimental to the novelty of the invention as it may no longer be considered novel due to such publication. However, under certain conditions, there is the grace period of 12 months for filing an application even after publication.
Can any invention be patented after publication or display in the public exhibition?
Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However, the Patents Act provides a grace period of 12 months for filing of a patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by the applicant. The details conditions are provided under Chapter VI of the Act (Section 29-34).
Does the Patent Office Keep information of the invention Secret?
Yes. All the patent applications are kept secret up to 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office which is published every week and also available on the IPO website. After its publication, public can inspect the documents and also may take the photocopy thereof on payment of the fee as prescribed.
When an application for patent is published?
Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.
- A) Application in which secrecy direction is imposed
- B) Application which has been abandoned u/s 9(1) and
- C) Application which has been withdrawn 3 months prior to 18 months
What are the various stages involved in the grant of the patent?
After filing the application for the grant of a patent, a request for examination is required to be made by the applicant or by third party and thereafter it is taken up for examination by the Patent office.Usually, the First Examination Report is issued and the applicant is given an opportunity to correct the deficiencies in order to meet the objections raised in the said report. The applicant must comply with the requirements within the prescribed time otherwise his application would be treated as deemed to have been abandoned. When all the requirements are met, the patent is granted and notified in the Patent office Journal. However before the grant of patent and after the publication of application, any person can make a representation for pre-grant opposition. If you apply for patent registration with us you don’t need to worry about any of these we will help you.
What is the time limit for filing the representation for the pre-grant opposition?
A representation for pre-grant opposition can be filed within six months from the date of publication of the application or before the grant of the patent.
Is there any fee for filing such representation for the pre-grant opposition?
There is no fee for filing representation for pre-grant opposition.This can be filed by any person.
What are the grounds for filing representation for the pre-grant opposition?
The grounds for filing post-grant opposition are contained in section 25(1) of the Patents Act 1970.Find section 25(1) of the Patents Act 1970 from here.
Is it possible to file pre-grant opposition even though there is no request for examination filed?
Yes, it is possible to file representation for the pre-grant opposition even though there is no request for examination has been filed. However, the representation will be considered only when a request for examination is received within the prescribed period.
What is the time limit for filing a post-grant opposition in the patent office?
The time for filing a post-grant opposition is 12 months from the date of publication of the grant of a patent in the official journal of the patent office.
Is there any fee for filing a post-grant opposition?
The post-grant opposition has to be filed in the prescribed form 7 along with prescribed fees of Rs.1500 for the natural person and Rs.6000 for the person other than the natural person. The post-grant opposition has to be filed by the person interested and not by any other person.
What are the grounds for filing the post-grant opposition?
The grounds for filing post-grant opposition are contained in section 25(2) of the Patents Act 1970.Find section 25(2) of the Patents Act 1970 from here.
Is it necessary to go to the Indian Patent Office to transact any business relating to the patent application?
No, normally all the communications with the office are done through written correspondence. However, interviews relating to the patent application can be had with examiners with prior appointment on any working day during prosecution stage.
Where the information relating to patent application is notified?
The information relating to the patent application is published in the Patent office Journal issued on every Friday. This is also available in electronic form on the website of the Patent Office. Apply with us we will track your application and provide updates to you.
What are the contents of the Patent office Journal?
The Patent office Journal contains information relating to patent applications which are published u/s 11A, post grant publication, restoration of patent, notifications , indexes, list of non-working patents and notices Issued by the Patent Office relating to Patents, etc..
Can one subscribe a copy of the Patent office Journal?
The Patent office Journal can be subscribed by making payment of Rs 400/- in cash or by DD/cheque in favour of the Controller of Patents. This is also available in CD form. However, the journal can be downloaded from the website free of charge.
Where could one find a copy of the Patent office Journal without purchasing the publication?
The Patent office Journal is freely available on patent office site i.e. www.ipindia.nic.in.This is also available in the technical libraries maintained by the Patent Offices. The library facilities are available to the public free of charge from Monday to Friday on working days except for holidays.
Can one use the words “Patent Pending” or “Patent Applied For”?
These words are normally used by the patent applicant to their products after filing his application for a patent so that the public is made aware that a patent application has been filed in respect of that invention. Use of these words where no application has been made is prohibited under the Patent law. However, use of such words by the patent applicant does not prohibit the third party to plead as innocent unless the patent number is indicated.
How useful is the marking of a product with “patent pending” or “patent applied for” before the grant?
Marking of a product with the words “patent pending” or “Patent applied for” after the filing of the application for patent serve as a notice to the public that an application for patent is pending with the Patent Office but there is no legal significance of these words. The infringement action can be initiated only after the patent is granted.
Does patent office help in finding users for the patent?
The Patent Office has no role in the commercialization of patent. However, the information relating to patent is published in the Patent Office journal and also published on the Patent Office website which is accessible to the public worldwide. This certainly helps the applicant to attract potential user or licensee. The patent office also compiles a list of patents which are not commercially worked in India.
How can one find out that an invention is already patented?
The person concerned can perform a preliminary search on Patent Office website in the Indian patent data base of granted patent or Patent Office journal published every week or by making search in the documents kept in the Patent Office Search and Reference Room, which contains Indian patents arranged according to international patent classification system as well in serial number. It is open to the general public from Monday to Friday, except Gazetted holidays. The public can also conduct search free of charge on the website of Patent Office. The person concerned can also make a request for such information under section 153 of the Act.
Apply with us to be free of this search we will do it.
What is the term of the patent?
The term of every patent in India is 20 years from the date of filing of the patent application, irrespective of whether it is filed with provisional or complete specification. However, in a case of applications filed under PCT the term of 20 years begins from International filing date.
Is there any difference in the amount of fees to be paid by an individual or a legal entity for filing a patent application?
Yes, the application filing fees for an individual person(natural person) is Rs.1, 000/- and for a legal entity other than an individual is Rs.4, 000/- up to 10 claims and 30 pages. However, in case, the number of pages exceed beyond 30, then the natural person has to pay Rs.100/- each extra page and person other than the natural person has to pay Rs.400/- per page. Similarly, if the number of claims exceeds beyond 10, then the natural person has to pay Rs.200/- for each additional claim and person other than the natural person has to pay Rs.800/- for each additional claim.
What are obligations of the patentee after the grant of the patent?
After the grant of the patent, every patentee has to maintain the patent by paying the renewal fee every year as prescribed in the schedule I. For first two years, there is no renewal fee. The renewal fee is payable from 3rd year onwards. In case the renewal fee is not paid the patent will be ceased.
Can the patentee pay renewal fee at a time or has to pay every year?
The patentee has the choice to pay the renewal fees every year or he can pay in the lump sum as well.
When can a patent be restored after its cessation ?
A request for restoration of the patent can be filed within 18 months from the date of cessation of patent along with the prescribed fee. After receipt of the request, the matter is notified in the official journal for further processing of the request.
Does the patent office ascertain fees charged by the patent agents for their services?
No. This is a matter between the applicant and the patent agent. The Patent Office has no role in ascertaining or assisting the fee charged by a patent agent.
Is it mandatory to obtain prior permission from the Patent Office to file an application for a patent outside India or abroad!
Generally speaking, it is not necessary to obtain prior permission from the Patent Office to file patent application abroad under following circumstances.
(a) The applicant is not Indian resident and invention is originated abroad about.
(b) If the applicant is Indian resident, a patent application has been filed in India and six weeks period is over from that date.
(c) The invention does not belong to Atomic Energy or defence purpose.
In other circumstances, the prior permission is required. For further details kindly refer to section 39 of the Patents Act, 1970.
Under what circumstances, it is necessary to obtain a prior permission from the Patent Office?
The person is required to take prior permission from the Patent Office under following circumstances.
(a) The applicant is Indian resident and invention is originated in India,
(b) Applicant does not wish to file a patent application in India prior to filing abroad.
(c) If the applicant is Indian resident, a patent application has been filed in India and six weeks period is not yet over from that date
(d) The invention relates to atomic energy or defence purpose.
Patent differs from Copyright and Patent Registration