The patent is an exclusive right granted to the Patentee over his/her invention for a limited period of time. Through Patent Registration, the patentee shall have all the rights regarding controlling, making, using, selling or importing patented product or process for producing that product. After Patent Registration, no one will be able to use the invention without the consent of the patentee. However, whether the invention is patentable or not depends upon various factors such as invention must be innovative which involves an inventive step and which can be used in industry.
In India, to consolidate the laws relating to Patent there are a Patent Act 1970 & Patent Rules 1972.
With Patent Registration, you can obtain an intellectual property right over an invention. For Patent Registration, an application can be filed either by an individual or firm. To grant an exclusive right over invention (If it is unique) there is an Intellectual Property Department established by the Indian government. To prove that invention is unique, the inventor has to produce all the evidence in connection with the invention.
Applications concerned with Patent Registration are managed by “The Patent Office, Controller General of Patents, Designs & Trade Marks”. Patent Registration applications can be electronically filed along with the provisional or complete specification with the prescribed government authority. The invention can be a process, art, manufacturing method, computer software, or chemicals or drugs.
The patent registration process is not lifelong and it is valid only for a period of 20 years from the date patent registration application is filed with the authority (http://www.ipindia.nic.in/) irrespective of the fact whether an application is filled with the provisional or complete specification. After a period of 20 years, it falls under the public domain.
Now, if you want to apply for Patent Registration in India then Enterslice can file an application on your behalf as Enterslice acts as a Patent Agent all over India.What can be Patented in India?
Before Starting the Patent Registration process in India, it is important to get to know what patentable innovations are.
The invention can be related to work, process, manufacturing, the machine related, computer software or any other kind of invention which has never been invented to the general public.What Kind of Inventions cannot be Patented?Following below mentioned cannot be termed as inventions as per The Patent Act, 1970.
|Forms to be filed||Explanation|
|Form 1||Patent registration Application|
|Form 2||Provisional or Complete Specification|
|Form 3||Statement and Undertaking under Section 8 of The Patents Act, 1970|
|Form 5||Inventorship Declaration|
|Form 9||Publication Request|
|Form 18||Examination Request|
|Form 26||Patent Agent Authorization|
|Form 28||For Small Entity|
Patent Registration is a process under which an application is filed with the prescribed authority in order to register an invention in line with The Patent Act, 1970. With Patent Registration, an inventor will have the monopoly over his/her invention. Patent Registration application should be filed to avoid any dispute in future in relation to infringement.For Patent Registration in India, following below-mentioned points must be considered:
The patent is valid for the period of 20 years in India, from the date provisional or complete patent registration application is filed. After completion of prescribed 20 years, it would fall under the public domain.
To keep the Patent alive, it has to be renewed every year. A patent must be renewed mandatorily, in case patent is not renewed then it will be ceased to exist and it shall pass on to the public domain. In India, a patent can be renewed for one year by filing patent renewal application along with the prescribed fees by the patentee. The patent renewal fee is payable at the end of the 2nd year from the date of patent registration.
In case of non-payment of renewal fees within the prescribed time, patent gets ceased to effect then it can only be stored by filing restoration application in the prescribed Form-15 within the period of 18 months from the date patent got ceased to effect.
After filing of the Request for Examination, the examiner will examine the application from the relevant technical background. While scrutinizing an application it must be ensured that the application is in line with the patent act and rules.
A patent search is also performed by the examiner to understand similar technologies and to ascertain whether the invention qualifies for the patentability criteria. After this, an examiner will issue an Examination Report to the applicant which will describe the grounds for objections. This examination report is also known as the “First Examination Report (FER)”.
On receiving the First Examination Report, an applicant needs to respond to the objections. This process may also involve appearing for hearing. From the date FER is issued to an applicant, the patent is granted within the period of 6 months (earlier it was 12 months) whereas above mentioned period can be extended for a further period of 3 months on the filing of time extension request in Form 4.
Yes, a patent can be revoked by filing a petition with the High Court by any person/ central government/ in case of counterclaim in a suit for infringement of the patent. It can be revoked if the high court believes that the patentee fails to comply with the reasonable terms & conditions of the government. There can be several grounds for patent revocation. A patent can also be revoked in public interest or when it is non-working.
Once the patent registration is done or patent is granted to the patentee for his/her invention, patentee reserves all rights over the invention in relation to selling and/or distributing the invention for a sum of money. A patentee can also assign rights to produce and bring the patented product to market as per the terms prescribed by the Patentee. A patent is a transferable property it can easily be transferred from the patentee to any other person through assignment however it can only be assigned by the owner of the patent. Co-owners or joint-owners are also eligible to assign the patent after obtaining the prior consent of the owner.
As per The Patents Act 1970, there are two types of an opposition proceeding one is pre-grant opposition under Section 25(1) and another is post-grant opposition under Section 25(2). If the patent registration application is rejected by the authority after considering the opposition then aggrieved may file an appeal with the Intellectual Property Appellate Board (IPAB) with the requisite fees. The appeal should indicate the grounds of filing appeal which must be signed by the applicant. IPAB has its headquarters in major cities of the country such as Mumbai, Chennai, Delhi, Kolkata, and Ahmadabad. An appeal must be filed by the aggrieved within a period of 3 months from the date of the decision as per the section 117A of the Patents Act, 1970. However, an extension may also be available on request. We can say that the process of making appeal has been streamlined by the IPAB.
If a patent is registered in India then it is valid in India only and rights in connection with a patent cannot be exercised by the patent owner outside India. However, if the patent owner wants patent protection in other countries as well then they have to file an application other countries within the period of 12 months of patent registration in India.
The PCT enables the applicant to file international patent registration application to obtain protection for an invention in PCT contracting states. There is a requirement for filing only one international application. It saves time & effort of the applicant in order to obtain the protection for an invention in several countries. It also helps the applicant in taking a decision regarding the prosecution of the application before the various national patent offices and the time limit for entering into the national phase in several countries is 30/31 months from the priority date. PCT application can be filed by the resident of any of the PCT contracting states. For international Patent Registration in India, the application can be electronically filed on the website of WIPO.
Intellectual Property is nothing but a human creation which is created by a person’s own skills such as the brain, labor, and capital. Under Intellectual Property rights, Copyright and Patent are two different rights which offer protection. These rights are the intangible assets of the company.
Patent provides protection to an invention of the patentee and prevents it from the misuse by others while Copyright provides protection to the expression of ideas which is creative and intellectual work such as artistic, literary, musical and dramatic work.
|Introduction||It protects the expression of ideas like artwork. Artistic work includes work related to books, paintings, music and computer Program. Copyright protection helps in excluding others from using the work.||The patent protects the invention of the inventor and gives an exclusive right to the inventor over his/her invention and it also excludes others from using the invention.|
|Significance||Expression of Idea||Invention|
|Govern by||Indian Copyright Act, 1957||Indian Patent Act, 1970|
|Components||Protects Artistic & literary work||Protects Invention|
|Registration Requirement||There is no such registration required.||Patent Registration is mandatory.|
|Exclusions||Others cannot copy the work.||Others from using the invention without the consent|
|Validity Term||60 Years||20 years|
Both Copyright & Patent are the intellectual property rights granted by the government. Both the terms of intellectual property covers the different aspects such as Copyright covers the creative and original work of authors on the other side the patent gives protection to the invention.
The Indian Patent Office (IPO) has issued guidelines on 30 June 2017 (Revised Guidelines for examination of Computer-Related Inventions (CRIs)). These Revised Guidelines have been made applicable with immediate effect and it is the third version of the CRI guidelines. On CRI, the first version of the guidelines was issued on 21 August 2015 whereas later it was replaced by the guidelines issued on 19 February 2016 (Second Guidelines). This guideline concluded that Patent Examiner should mainly focus on the underlying substance of the invention and rather than particular form in which it is claimed.
Enterslice can help you in filing Patent Registration application. We offer all type of legal services all over India and across the world.For Patent Registration in India from Enterslice, you have to go through the following steps: