The term “Patent” refers to one of the key pillars of Intellectual Property Rights (IPR) and is a premium right granted by the government to the creator of his or her invention. Likewise, the phrase “right” relates to the authorization to create, sell, use, and import a product or procedure while prohibiting others from doing the same. It is managed and administered by the Patent Act of 1970 and the Patent Rules of 1972, and it is valid for 20 years.
Furthermore, the Patent Office, Controller General of Patents, Designs, and TradeMarks, has the power to supervise the application for Patent Registration.
A novel product or method that includes an innovative step and may be applied in the industry is required for an invention to be patentable, per the Patent Act. To be eligible for patent protection, an innovation must be technical and satisfy the following conditions.
Before the filing of the Indian patent application, the subject matter described in the specification had not been published in India or anywhere else.
Given the preceding publication, information, or document, the invention is not obvious to a person of ordinary skill in the art.
An invention must be useful in order to be produced or employed in the industry.
S.no | Stages of the Process for Patent Registration | 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 furnished only by start-ups and small business entities | Form 28 |
6. | Form for authorisation of a Patent Agent or any individual in a matter or proceeding under the Act | Form 26 |
The documents required for obtaining Patent Registration in India are as follows:
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When an invention is still under development and is yet to be completed, a provisional application, often referred to as a temporary application, is submitted. If a patent application is filed early, any additional pertinent innovations will not be considered prior art to the inventor’s application.
Initially, the Indian Patent Office files the entire specification without a related provisional specification.
In this scenario, the complete specification is submitted after the equivalent provisional specification and claims priority over the earlier-filed provisional specification.
The applicant must submit this application if he learns of an innovation or a little modification of an invention that the applicant has already patented or filed for a patent for. A PCT National application can be submitted if the innovation does not need a substantial inventive step.
The applicant may decide to divide a single application into two or more if it includes claims to over one invention. The priority date of these applications is like the parent applications.
The PCT international application opens the door for a streamlined patent application procedure in several countries at once, but it does not result in an international patent grant.
The advantages of registering a patent in India are as follows:
Any of the following individuals may file a patent registration application for an invention, either individually or jointly with another individual:
Every year, a patentee must pay renewal fees. He/she may, however, pay the same in one flat payment.
Yes, there is an IDA in Chandigarh, and it is known as IMTECH (Institute of Microbial Technology).