Patent Registration in India by Shikha at LexCliq

Inventions are granted patent registration in India by the India Patent Office (IPO). A invention must be a novel invention including an inventive step and capable of industrial application in order to be patentable under the Patent Act. A precise procedure outlined in the Patents Act, 1970 and the Patents Rules, 2003 must be followed in order to obtain a patent registration in India. Indian Patent Office h has offices in Delhi, Mumbai, Kolkata, and Chennai. The proper jurisdiction for Patent filing under stated branch offices is usually determined by the Applicant’s residence or place of business, or the location where the innovation actually originated. Online procedures are also available for filing a patent registration application.

Who can file a patent application?

Any of the following people, acting alone or jointly with others, can file a patent registration application for an invention:

  1. The true and true inventor
  2. True and first inventor’s assignee
  3. His or her assignee is the representative of the deceased true and first inventor.
  4. Any natural person, firm, association, body of individuals, or government body, whether incorporated or not, are considered a “person” under the Patent Act so, they can also file a patent application in following manner:
  • In the case of a sole proprietorship firm, the application shall be filed in the name of the proprietors.
  • In partnership firms, the patent application must include the names of all personally liable partners.
  • An assignee can be a natural person or a legal entity such as a registered corporation, an LLP, a Section 8 company, a university, or the government.

Process of obtaining Patent ?

  1. Filing a patent application: The first step in obtaining a patent in India is to file a patent application with the Indian Patent Registration Office. The Indian Patent Office accepts the prescribed forms and documents, as well as the official fees set forth in the First Schedule of Patents Rule, for patent registration in India. To complete the Patent Registration process,  the following forms are to be submitted to the Patent Registration office:

Form 1- Application for Patent Grant: It includes information about the inventor(s), the applicant(s), the type of patent application filed, the title of the invention, a declaration by the applicant, and signatures from the inventor(s), the applicant(s), and the authorized Person.

Form 2- Provisional/Final Specification: It contains information such as the type of application, the invention’s title, description, claims, and an abstract of the invention. One can file a provisional or a complete application depending on the state of invention. If it’s still under development, it’s a good idea to file a provisional application. A complete specification must be filed within twelve months of the application’s filing date, or the application will be considered withdrawn if the whole specification is not completed.

Form 3 – Statement and Undertaking: This form contains a statement and an undertaking on behalf of the inventor to keep the Controller up to date on any foreign filing application for patent registration that is filed.

Form 5 -Declaration of Inventorship: A declaration of inventorship must be made with the Patent Registration Office of India.

Form 26- Authorization of a Patent Agent or any other person in a matter or procedure under the Act: A form for authorization must be provided to the Patent Registration Office if a Patent Application for Patent Registration in India is filed by a Patent Agent or Patent Attorney whose services are used by the inventor(s).

If the Patent Application for Registration in India is based on a previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed with the application to the Patent Registration Office along with other required documents. If the preceding Patent Application was filed in a language other than Hindi or English, the Indian Patent Registration Office will require a Verified Translation of the document.

Form 28- This is to be submitted by a small entity/start-up. Proof or evidence must be presented in order to benefit from the small entity/start-up category.

  1. Publication of the Patent Application in the Official Gazette: This is the second step in the patent registration process. After the Patent Application is filed, the IPO will publish it in the IPO’s Official Gazette for the Public after eighteen months. The filing of a patent application is an automatic process that does not necessitate a request from the Indian Patent Office. If the Applicant intends to publish early, he or she must make a request for early publication with the Patent Registration Office. Patent applications can be published within one month of filing if they are filed for early publication.
  2. Request for Examination: The third step in the patent registration process is to submit a request for examination. An application for patent registration must follow a specific format and timetable. The authorities will then review the application. Only after receiving a request for examination does the Controller examine the Patent Application. The Patent Registration Office in India examines the patent application after receiving the request for examination.
  3. Objection(s) filed in the Examination Report: The Controller either authorizes the Patent registration or issues an examination report after the examination process is completed. Certain subject matter or procedural objections may be included in the report. In most cases, the Applicant is given six months to respond to the Examination report. If the Controller is satisfied, the Patent is granted otherwise, the Applicant is given the opportunity to have a hearing.
  4. Patent Grant: If the Patent Application meets the requirements for a Patent Registration, the Controller will grant it, publish it in the Official Gazette of the Patent Office of India, and issue a Certificate of Patent Registration to the Applicant.
  5. Renewal: After the patent is granted, it must be renewed every three years by paying the renewal cost as specified in Schedule 1. In India, a patent can be renewed for up to 20 years from the date of filing.

 

 

 

 

 

 

 

 

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