People are obsessed with their inventions and to get it patented, Well, Who Doesn’t? And those who are cautious about their inventions that it shouldn't go public or it shouldn't get leaked, seek to know about how to register a patent, and how to do it without so much of running to offices.
Nowadays, the term 'patent' in fact, is in vogue among the inventors. So, once you are into some Business, a Research and development organization, being a Student, or others who has ideas to create something should be aware of the need to register a patent.
Patent and History
A Legitimate right, given by the Government for a limited time duration to creators or subjects for their intellectual property, creation of a new product or process, is called a Patent.
In India, Act VI of 1856 was the first codification associated with the patent. The objectives of the act encouraged the inventions of new ideas of a product or process and induced inventors to keep it a secret. Only after the enactment of the Indian Patents and Designs Act of 1911 that replaced all the former laws, the history of Patent Law in India begins. As of now, we follow the Patents (Amendment) Rules, 2006.
What Can and Can't be Patented?
You can register a patent for,
Biological inventions and materials
Inventions associated with Computers
Methods in Business
You can't register a patent for,
Plans, actions, or other mental processes
Models in mathematics
Some military featured inventions
Every Lawful Registration has annoying procedures. Let's make it easy for you the registration of patents by making each procedure clear to you.
1. Writing down details of the invention or design is the very first step to make. Explain every detail about your design discussing The field of your invention, What and How it does, and the merits. Illustrate a diagrammatic sketch of the working and principles of the design.
2. Verifying Patentable inventions is necessary to proceed further. Check whether your design or method is under the things that can be patented. The patentability of things is always important to be verified before the registration.
3. Consider making a Patentability Report to check for the uniqueness of the invention. There are chances where the design that you thought as novelty may already exist. This would obstruct you from proceeding with your patent. In such cases, the report supports you to determine whether to continue further with your patent or not.
4. Specification of the patent is essential in the patent registration process. You can choose between Complete or Provisional specification depending upon where the progress of your invention stands. For a fact, the Provisional specification has some perks like less expense, a period of 12 months before specifying complete, and ensures security to the filing date.
5. Publish the application after complete specification. After the patent application marked as complete, within 18 months of the initial day of filing, the application would be published. To publish an application early, an extra expense would be necessary. Within a month after the request for early publication has been made, the application would be published.
6. Examining the Patent Application to satisfy criteria. Only after the request for examination has been received, the patent application would be considered. A report of examination based on Patentability Criteria is made first, and then the patent application is examined before granting a patent.
Patentability Criteria - Three criteria are fundamental in patentability which are,
Non-Obviousness of the invention.
Novelty - Invention not to be made public before the application date.
Industrial Application - Committed in the Patents Act 1995
7. Responding and Removing Objections to grant a patent for the invention. After the review, most of the papers would have some objections or accusations, and the patent grant would not be processed further. The better way to give a proper response and to clear those objections is to investigate the report of examination with a professional attorney. SSK Agents are so good at it, who would clearly explain the flaws and corrections in the objections of the examination report.
8. Granting Patent after every requirement is met. A Relief Sigh, after all the procedures above, is followed properly; After all the forms, are filled flawlessly; And after all the criteria and requirements are met, The Indian Patent office would grant a patent for your invention.
Generally, searching for the right forms and filling it up is some of the tiring things before something. Let's make it easy for you to know about the correct forms to fill out. There are around six forms to fill up to register a patent for a product or process, namely, Form-1, Form-2, Form-3, Form-5, Form-9, Form-18. If you are registering a patent with the help of an agent, Form 28 is necessary along with the fundamental forms.Form-1 is a general form to apply for a patent licensing in India. It asks you to provide name and addresses, information, and some information related to former patent registrations.
Form-2 asks you to specify or define your application. The specification of the patent can be either complete or provisional depending upon the progress of your patent.
Form-3 asks you to provide information or measures associated with the registration of patents outside India for the invention under section 8
Form-5 is a disclosure form to declare Inventorship to the personage and also provide security to the invention using the existing patent application.
Form-9 is a form for publishing your specification of the patent. Generally, a month after filling the form, the specification of your patent would be published. From there, your patent right begins.
Form-18 is a form to entreat for the examination or scrutiny of your application of patent which needs to be filed not over 48 months from the priority date
Form 28 is a form in which the agent working for you in the patent registration processes, would be granted a power of attorney.
If you are looking for a Reference of form, then please visit this link.
An international treaty governed by the World Intellectual Property Organization that includes 140+ nations is described as the Patent Cooperation Treaty (PCT). By filing a single application under PCT, you can register a patent and protect it in a heap of countries simultaneously rather than filing multiple national applications. Click here to know about the fee structure for PCT filing.
PCT Filing Process• One who is about to register for a PCT filing should seek for a Receiving Office in India or RO of the International Bureau.
• An international search for the application of patent under PCT is done by International Searching Authority (ISA)
• At last, The International Preliminary Examination Authority (IPEA) would examine the application to grant an international patent to your invention or property.
Why Registering a Patent is Important?
The creativity and hard work of the inventors should be acknowledged and protected. There should be a value and respect for the time and effort of the inventors.
There are more advantages to registering patents in India. Some of them are,
Security for any invention for a limited period (20 Years)
A financial profit or business can be made out of it
Can be licensed to the registered trade
The Inventor has the right to sell the patent to other organizations
The Inventor has the right to oppose people who misuse or stole their design or process.
SSK Law firm cares for your creativity so much, and we would help you get a patent for your inventions or properties with contentment. There is nothing to worry about, as the agents would thoroughly explain every step and law involved in the process. We promise you an earlier publication of the patent application with an obligation-free patent grant. We charge a minimum fee for the process involved in patent registration. The Attorneys of SSK Law firm is so professional in handling almost every case they take and deliver success in the cases.
1. Can I register a patent online?
You can register a patent under the Controller General of Patents Design and Trade Marks for your invention online here. Register an account & Confirm, then login to register a patent.
2. What is the theory behind 'Poor man's Patent'?
Documenting every detail and paper of the invention and emailing yourself the document in a sealed envelope through a certified email in which the contents along with the sealed envelope could be used upon others to declare the date the invention was in your ownership.
3. How long it takes to grant a patent for your invention in India?
In India, it usually takes 3-4 years to grant a patent of the invention once the patent application is examined.
4. Fees for patent registration?
You can know every detail about the form and fee structure in India for the patent registration process here.
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