To understand what a Patent registration is, it is important to first understand what a Patent is.
What is a Patent?
A Patent is a right given by the Government of a country for an invention. It gives the right to stop others from copying the invention. Patent rights are given for a period of twenty years.
What is Patent Registration?
A Patent registration or a grant is an official certificate from the Patent Office for the filed Patent application. To get it, one has to file an application with the Patent Office. Once it is filed, the Patent Office examines it and if it is meeting all the requirements then they provide the Patent registration for the filed application.
There are four patent offices in India. They are located in Delhi, Mumbai, Chennai and Kolkata where one can file the application. One can select the Patent Office based on the set Patent Rules.
Let us understand the above paragraph with an example. Suppose you are from Bangalore or Hyderabad and you have an idea and you wish to file a Patent. Now, if you are searching for the Patent Office in Bangalore or in Hyderabad for the Patent registration in Bangalore or for the Patent registration in Hyderabad, it is not possible to file the application in Bangalore or in Hyderabad. You have to file the application with the Chennai Patent Office. Patent registration in Bangalore or Patent registration in Hyderabad is not an option. There are only four Patent Offices in India and you have to select one Patent Office based on the set Patent Rules.
In a simple word, a Patent gives you territorial right and by filing an application in any of the above discussed four Indian Patent Office, it will protect your rights in India. So, assume that if you are from Bangalore and filed an application in Chennai Office, it will protect your rights in India.
There are a few steps one has to follow while applying for the Patent registration. These steps include preparation of required forms, filing of the application in the correct Patent Office, publication of the application, examination of the application, and registration/grant or rejection of the filed Patent application.
In conclusion, Patent registration is a complex task. One has to carefully follow each and every step. Every detail should be filed in the set manner and also one has to meet the timelines. Therefore, one may consult a professional for the Patent registration in India.
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Patent Registration or Grant in India is provided by the Indian Patent Office (IPO) for the Invention. Once the Patent is registered, it gives a monopoly to the inventor for his/her Invention for a prescribed period of time (Normally twenty years from the Patent filing date). Inventor gets the sole right over the invention and by excluding others from making, using, selling and importing.
In order to get the Patent Registration, a specific procedure based on the Patents Act, 1970 and The Patents Rules, 2003 need to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention actually originated.
If an Applicant is looking for Patent registration in Bangalore or Patent registration in Hyderabad, in that case above explained criteria has to be taken for Patent registration and accordingly the Patent Office will be decided. Therefore, for
Chennai Patent Office would be the appropriate branch office.
Patent Registration is provided through four branch offices of the Indian Patent Office namely Kolkata, Delhi, Mumbai and Chennai. Territorial jurisdiction for Patent registration in the respective branch offices are already being decided by the Administration.
The process for the Patent registration starts with the filing of Patent Application in the designated Patent Office and the next question arises, who all are eligible for filing Patent Application for the Patent registration? Answer for this question is given under the Patent Act, which says that Patent application for the invention may be made by "True & First inventor of the Invention"
"Assignee of the person claiming to be the true & first inventor"
"legal representative of any deceased person who immediately before his death was entitled to make Patent application" for the Patent Registration. Therefore, only defined Applicant is eligible for filing of Patent Application for Patent Registration.
Indian Patent Office accepts the prescribed Forms and documents along with the Official fees as given under the First Schedule of Patents Rule.
Below is the prescribed Forms and documents which need to be filed in the designated Patent Office along with the Official Fees for the Patent Registration :
Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.
Form-2 (Provisional/Complete Specification) : It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.
Form-3 (Statement and Undertaking): It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent registration.
Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the Indian Patent Office.
Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) : In the case where Patent Application for Patent Registration is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Office.
Further, in the case where Patent Application is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application.
Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the category of small entity/start-up, any proof or evidence needs to be submitted. At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.
Once the Patent Application is filed, it will be published by the IPO after Eighteen (18) months in the Official Gazette of the IPO for the Public. Publication of Patent Application is an automatic process, it does not require any request form the Patent Office. However, if one wants to publish early, a request for early publication can be filed by the Applicant. On filing early publication, Patent Application can be published within one Month from the date of filing of the request.
A prescribed Form for Request for Examination must be filed along with the official fee in the Indian Patent Office. Examination of Patent Application is not an automatic process. Controller examines the Patent Application, only after receiving of the request for examination. Upon receiving the request for examination, the patent application is examined.
Upon examination, Patent office either grants the filed Patent Application else issue an Examination Report, the report may include certain subject matter objection or procedural objection. The applicant gets six months’ time for submitting the reply of the Examination report. As a next step, if Controller gets satisfied, grants the Patent else give a hearing option to the Applicant.
If the filed Patent Application fulfils all the required/prescribed criteria for Patent registration, Patent is granted by the Controller, published in the Official Gazette of the Indian Patent Office and issue a Certificate for the Patent Registration to the Applicant.
For Patent registration in India, above discussed some minimum Forms and prescribed fees must be filed. It is also important to understand that the Patent Registration is a complex and tedious task, each and every detail should be filed in the prescribed manner and meeting of timelines is a must. It is important that each and every step also need to be followed carefully. Therefore, it is always advisable to hire or consult an experienced registered Patent Attorney for registration of the Patent Application in India.
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