In general terms, a patent is a unique process or invention that is not obvious to a person having knowledge about the science of such process or invention. A patent protects your business by giving you the absolute monopoly over a new processor invention for 20 years, the standard life of a patent. Touchscreen technology used in electronics is a patent for Nokia. Slide to lock, zoom text with a finger tap, and tap from search functions, of Apple vs Samsung wars fame, something so common in our phones, are patents. A patent grants the patent owner the right to stop others from making, using, selling or offering for sale the patent owner’s process or invention without the owner’s consent and sue and ask for damages in case of patent infringement. Patents can even be licensed to allow their usage according to mutually agreed terms.
- Legal protection
- Unique identity
- Trust or goodwill
- Creation of asset
- Royalty Payments
Registration Of Patent In Delhi (Process)
Registration of patent with the help of LEGAL RAASTA in DELHI.
Step 01: Filling the Patent Application Form:
Fill in the text boxes with your contact details and click on proceed.
Next, you have to fill the patent details. Select whether you want a provisional or a permanent certificate and fill in the other required details and click on next which takes you to the pricing tab.
A provisional application can be filed when the invention has reached a stage wherein it can be explained on paper but has not attained the final stage i.e. where it is completely ready.
The Permanent Specification is a complete techno-legal document which fully describes the invention in detail and discloses the best method of performing the invention.
For filing a provisional registration of patent in Delhi, select the “Provisional patent” option, fill in your address and select your state as “Delhi”.
For filing a permanent registration of patent in Delhi, select the “Permanent patent” option, fill in your address and select your state as “Delhi”.
While filling the form, you must provide us with a detailed description of the patent you wish to register.
There are different modes of payment available for your convenience.
We also provide an add-on service, if you want, of Patent Search to ensure that your invention is a new process or a new invention and that it is capable of being marketed and sold. It is conducted by our experts. The process enables us to ensure that the invention filed by you is patentable. This research usually takes 3-4 working days from our side.
Your name, email id and mobile no. will appear in the form. You can continue with the details provided or fill in different billing details and then click on “SUBMIT”.
STEP 02: PATENTABILITY CHECK:
If you have opted for the add-on service of patent search, at the time of filling the form, we will undertake a search to check if your invention is a new process or a new invention and to ensure that the invention is capable of being marketed and sold. It is conducted by our experts. The process enables us to ensure that the invention filed by you is patentable. This research usually takes 3-4 working days from our side.
Step 03: FILING YOUR APPLICATION:
Once you have filled up the form and made the payment, your patent application will be processed. We will send you a Power of Attorney and a Non-Disclosure Agreement, non-disclosure being from our side so you can be sure of complete secrecy, granting us the authority to file the application on your behalf, which needs to be signed by you and sent back to us. The draft application will be sent to you within 15-20 working days, after which you can check it and give us the confirmation to file it. Our lawyers will file a provisional or a permanent specification, as is applicable, i.e. giving all the necessary details of the patent along with any drawings and an abstract along with a proof of right. The diary number will be given to you when the application is filed.
STEP 04: INITIAL SCREENING:
Once your application is filed, it goes through an initial screening to check its patentability. The Indian Patent Office (IPO) checks if you have the right to file the patent, whether you or somebody else has filed the same or similar application either in India or abroad, whether you have filed an International Patent Application designating the IPO as the office of filing, whether you have filed this patent in collaboration with another person, whether in India or abroad, and its status.
STEP 05: PUBLICATION:
After the initial screening, if everything checks out alright and there is no other procedural objection from the IPO, then your application will be published after the expiry of 18 months from the date of application.
STEP 06: REQUEST FOR EXAMINATION AND HEARING:
You must, anytime within 48 months from the date of application, file a request for examination. Your application will be taken up for examination by the Patent Office after it is published and you have filed a request for it. The govt. can raise an objection if your patent is not an invention or already existing. If no objection has been raised, an examination report will be made and sent to you by the IPO within 6 months from the date application. After the examination report is sent, your application will come up for hearing. There are two types of hearings, namely effective and non-effective. Which type of hearing comes up depends on the Patent Office but in any case, only one hearing will be required. In an effective hearing, our lawyer will be personally present to deal with the matter, in case of any information or other justification is required by the Patent Office or in case of any third-party objections, whereas a non-effective hearing simply requires, answering online, any questions regarding the Patent application.
STEP 07: WORK COMPLETION:
If there are no other objections and your application is in order, your patent is granted and gets registered. Post-grant objections, if any, must be filed within 1 year. The entire process takes from 2-3 years and we will be there to help you through any hearings and pre-grant objections if any.
registration of patent in Delhi can be done through Legal Raasta.