Patent Registration
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About Patent Registration
How Can TaxBanking Help You in the Patent Filing Process?
Examination of Details
We will examine all the possible details, including potential uses of the invention across industries and the benefits over existing products.
Drafting of Application
We will recommend a verified lawyer who will take up your request and draft the application based on the details you provide.
Filing of Application
The drafted document will be filed with the registrar and, on acceptance; you would be able to use ‘patent pending’ on your product any time during the next year. You can also check your patent application status on our user-friendly online portal from time to time.
What is Patent registration in India?
Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.
Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.
Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India’s database to check if there is an object or invention that is the same or similar to the applicant’s invention.
However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.
What is a Patent Meaning?
A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval.
Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance, it can be done easily. Any business entity or an individual who believes in securing their patent should get a legal consultation from expert patent practitioners such as ours. TaxBanking helps you with the simplest way to file a patent.
Benefits of Filing a Patent in India
- A patent is a form of encouragement for innovations and inventions. Once an applicant is granted the patent, he or she becomes the exclusive owner of the invention or the idea
- Filing a patent in India is important for a business as the patent restricts its competitors from copying, selling, or importing its intellectual property without prior permission. This way the patent holder can protect their patent rights in support of the existing laws of the land
- Patents can be sold and licensed like other forms of property
- A patent is just like any other intellectual property and can be transferred by the inventor
- A patented product is likely to improve brand perception and potentially enable your business to charge a premium
Documents Required for Patent Filing in India
- Application form in duplicate (Form 1)
- The provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months (Form 2)
- Drawing in duplicate (if necessary)
- Abstract of the invention in duplicate
- Information & undertaking listing the number, filing date, & current status of each foreign patent application (if such exist) in duplicate (Form 3)
- Priority document (if the priority date is claimed) in convention application, when directed by the Controller
- Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5)
- Power of attorney (if filed through any patent agent)
- Fees (to be paid in cash/by cheque/by demand draft).
Types of patent application in India
- Provisional application
- Ordinary or Non-Provisional application
- Direct Filing
- Subsequent Filing
- Convention application
- PCT international application
- PCT National application
- Divisional application
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Patent Registration FAQ's
An individual or firm obtains the intellectual property right of an invention, the patent right grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.
Following steps need to be followed to obtain patent registration. Patentability/ Novelty research Drafting the patent application Patent application filing Patent application publication Examination Examination report issuance Granting the patent.
The following can obtain patent registration: Art, process, method, or manner of the manufacture Machine, apparatus Any products produced by manufacturing Computer software with technical application And even product paten for food, chemicals, medicines or drugs.
Patent registration is valid for 20 years.
As every year many inventions are patented, many of them are rejected as they are infringed. A patent search is advisable to save time and effort.
Expert help saves the time and effort that is required for registering a patent. Expert advice will help in obtaining a patent registration quickly.
Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.