For the Patent to be granted, an invention should be a product, or process that has:
After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or services and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
The invention that can be patented could be:
Details of the invention in the form of CD or a pen drive mentioning the name, comparison with other existing products, uses and data of publication (if any). The information of the applicant should also be provided.
After the expiration of the patent, the patentee is supposed to disclose the invention in the patent document for anyone to practice.
In case an applicant meets all the specified statutory requirements, then the applicant is supposed to draft a patent application. This has to be filed with the patent office.
Every year many new inventions are patented. And even more are rejected due to some copied reasons. Therefore, it is advised to patent search first, to save time and effort.
It becomes necessary to save time and effort which is required for registering your patent. The expert services will help you to be more accurate while filing for patents.
It is advised that you should first complete the process of patent registration and then disclose the information to the potential investors. In case it is unavoidable, then we recommend you should go for Non-Disclosure Agreement (NDA) with your potential investor.
An applicant is required to submit a request of hearing 10 days before the expiry of the statutory period. In case of failure to do so, the controller may refuse his application without hearing the inventors take on the matter.
To obtain patent you have to first apply for a patent.
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
For a software to be patented it must fulfill the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non patentable invention.
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for, then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used, then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
A patent can be filed either by a new inventor or his assignee (alone or jointly with any other people)
The three types of patents are utility patents, design patents, and plant patents
The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks.
Patent registration is valid for 20 years in India.
A Patent is an exclusive right granted for a limited period of time by the InteGovernment of India. It excludes othimporting the patented product or prowithout his consent of the patentee.
A patent registration helps in protecting the invention from being infringed by a third person. Moreover, with patent registration inventor gets the exclusive right to use the invention. The patent also helps in gaining revenue from the invention.
Indian Patent registration gives territorial right only and it is not valid outside the territory of India.
After obtaining patent registration in India, one can file PCT application in the patent office located in India.
A new invention which involves innovative steps can be patented in India by filing an application for patent registration in India.
Industrial applicability implies that the invention is practically feasible. The invention must be of such nature which can be used in any kind of industry.
Yes, patent registration application can be filed online. It has become possible after the Indian Patent Office put in place the online platform in 2007 for filling application.
An invention must be novel in nature. It must have involved an innovative step which must be non-obvious. It should also be capable of industrial application.
Yes, patent registration application is filed prior to the publication of invention till then it should not be disclosed.
Yes, the grace period of 12 months is provided by the patent act. One can file a patent registration application within 12 months from the date of publishing the invention.
No, but it is always preferred to file a provisional application first as applicant gets sufficient time to evaluate the market potential of his/her invention.
The patent Registration application is published after the expiry of 18 months from the date of patent registration filing or priority date, whichever is earlier.
No, the patent registration application is not examined automatically, and for this request for examination is has to be submitted with the department.
An examination request can be filed by the applicant within the period of 48 months from the priority date or from the date of filing patent registration application whichever is earlier.
If the requirement is not met within the prescribed time frame then the application will be deemed as abandoned.
Yes, the patent is required to be renewed year by paying requisite renewal fees. Renewal fees can be paid yearly or in a lump sum as well. However, in the initial two years, there is no renewal fee.
Yes, a patent can be restored by filling restoration application within 18 months from the date of cessation of the patent with the requisite fees.
No, you don't need to visit the patent office unless there is an interview with examiners regarding Patent registration application.
There is the following type of patent applications:
Patent of addition means an additional patent application which can be filed by an applicant for an improvement or modification in the main patent registration application.
A divisional application is filed in a case where there is more than one invention need to be disclosed under patent Application.
Prior to the filing of the patent registration application, a patent search is required to be conducted in order to evaluate novelty and patentability. In Patent search, we search for similar inventions and determine the value addition in the Applicant's invention.
The date of filing the patent registration application whether provisional or complete is the priority date.
Visit the Comprehensive e-filing portal. Fill the registration form. If a user is already registered then he can log in using the User ID and Password or Digital signature.
Mere idea cannot be an intellectual property. Without the manifestation of the idea there cannot be intellectual property protection.
The owner of the patent is the entity who has the right to file patent applications and take action in a pending application. The ownership of the patent can also be transferred.
Yes, patents can help businesses make money through commercializing patent rights, selling patent rights, licensing patent rights etc.
To register your patent, there are two types of fees involved government fees and patent attorney or agent’s fee. The cost of getting patent depends on multiple factors. The approximate cost could bebetween ₹45000 to ₹ 65000.
If you are familiar with the WIPO patent search or the USPTO patent search then you can easily conduct patent search in India.
You can check by doing a prior search for patents. Either use paid/free databases or Indian patent website.
Before filing patent registration in India you must be aware of the non obviousness of an invention and for this purpose, the patent search is conducted
Patent is granted for a limited period i.e., 20 years from the date of filing the application. However, in some countries patent protection can be extended beyond 20 years in specific cases.
It is possible for the patent owner to reinstate the patent, if it expires, by paying a surcharge in addition to the maintenance fee.
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.
The following documents are required to get your patent registered: