Easily Obtain Patent Registration

PATENT REGISTRATION

A patent registration helps in getting an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.

Patent does not long for a lifetime. After a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.

Documents Required for Patent Registration

  1. Patent application in Form-1.
  2. Proof of right to file application from the inventor. The proof of cight can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  3. Provisional specifications, if complete specifications are not available.
  4. Complete specification in Form-2 within 12 months of filing of provisional specification
  5. Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application
  6. Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
  7. Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
  8. Priority document must be filed in the following cases:
    Convention Application (under Paris Convention).
    PCT National Phase Application wherein requirements of Rule 17.1(a or b) of hasnot been fulfilled.
    Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
  9. If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
  10. The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  11. All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
  12. Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

ADVANTAGES OF PATENT REGISTRATION

Only owners of registered patents are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.
Patent registration will provide a unique competitive edge for the business. Competitors will not be allowed to use the patented invention for similar goods or services.
Patent registration creates an intellectual property, which is an intangible asset for an organization. Registered patent is an intangible asset that can be sold, franchised or commercially contracted.
A patent registration in India can be used as the basis for patent registration in other countries, if required. Foreigners and Foreign entities can also register a patent in India, if required.
Patent registrations in India are valid for 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.
Special patent regime has been announced in the 2016 budget. Income from foreign use of patent developed and registered in India will be taxed at the rate of 10% only.

FAQ PATENT REGISTRATION

It can be any invention related to work, manufacturing, the machine, process, computer software or any other which was never introduced to the public before. If a patent is granted in India does it mean that it will protect my invention outside India as well? A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.
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.

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.

Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.
Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under public domain.
Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.
24999/Only Per/Year

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  • Patent Registration.
30999/Only Per/Year

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  • Patent & Trademark Registration
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  • Patent, Trademark & Sales Tax Registration.