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Patent Registration

Patent Registration Form

    Personal information:

    What is Patent Registration?

    Patent Registration provides a statutory right to the inventor by the government for his/her invention which is either a new process or product. The Registered patent helps the inventor to prevent the third party without authorization of making or manufacturing, using, offering for sale, selling, importing, distributing, and licensing.

    What is Patentable Subject Matter?

    The below-mentioned list will help you in determining that the invention is patentable or not, which are as follows:-

    In India, the Patents are administered by the Patent Act 1970 and Patent rules 1972. However, Inventions must not be published in India or outside India, in prior knowledge or already in use in Public within India, and claimed before in any specification in India.

    What are the Benefits of Patent Registration?

    Applications of DSC

    Title and Preamble

    Prior Art

    Loopholes in the Prior Art

    Solution to Drawbacks

    Summary of the Invention

    Statement of invention

    Particulars of invention

    Particulars regarding drawings

    Documents Required

    1. For FORM-1 (Application for Grant of Patent)

    2. For Form-2 (Provisional/Complete Specification)

    3. For FORM-3 (Statement and Undertaking under Section 8)

    4. Form 5: Declaration as to Inventorship

    5. For Technical Information

    6. For Form-18 Request for Examination.

    7. For Form-19 Request for Early Publication.

    8. Form 26 Disclosure of Power of Authority (If assigned to the Patent Agent)

    9. Request for Publication: This is optional (form 9) if the express publication is required.

    10. Other Details

    STILL CONFUSED?

    TAKE FREE ADVISOR CONSULTATION

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    What is the Procedure for Patent Registration?

    1

    Engaging a Professional

    Before you proceed with the filing of patent application you need to decide if you will be taking any help of patent professional or undertaking the patent process itself. Considering the no. of deadlines it is recommended that you hire a professional who has experience in the world of patent.

    If you decide to take the help of professional make sure that you sign a NDA (Non Disclosure Agreement) with the patent professional before revealing about your invention.

    2

    Patentability Search

    The very first step for Patent registration is the patentability search. Patentable search determines the novelty, inventiveness, industrial application & enabling of the invention.
    https://ipindiaonline.gov.in/epatentfiling/user/NewUserRegistration.aspx.

    After Patentable Search, an applicant needs to create a user id and password for applying online.

    3

    Drafting the Patent Application

    After a patentable search, if the invention is patentable, an applicant has to draft an application that includes the description of the invention. Once a patent application is drafted, the very first step is to file the patent application.

    4

    Patent Filing Application

    The next step is filing the patent application. An application must contain specifications of the invention and other required and related details of the invention. An applicant can file both provisional and complete application for their invention to get a Patent registration.

    5

    Publication of Application

    Once the application is filed it goes to the Indian patent office. Simultaneously, the Indian patent office publishes the patent application in the official patent journal. Along with the same, the patent application comes in the public domain after the patent office publishes it.

    Every application is published in the official journal after 18th month period from the date of filling of application or the date of priority of application whichever is earlier. There is a provision for early publication of an Indian Patent application by filling a formal request. The early publication rule does not apply if:

    • Secrecy directions are imposed under Section 35 of The Act.
    • Application has been abandoned under Section 9(1) of The Act.
    • The applicant has withdrawn his application three months prior to the expiry of said prescribed period of 18 months

    6

    Examination of the Application

    After publication, the next is the examination of the patent application. Unlike the publication of the application, the examination does not happen automatically by way of filing the Indian patent application.

    For examination, the applicant has to request for examining their patent application. It helps in determining whether the invention meets the statutory requirements for patentability or not. The examiner examines the application considering the prior art information of the invention.

    7

    Objection by the Examiner

    The examiner can raise the objections while examining the application. The examiner scrutinizes the application following the patent act. Based on the information mentioned application, the examiner will issue an examination report to the applicant. The examiner will state all the objections related to the application.

    8

    Office Action Response

    Once the examiner issues the Examination Report, the applicant has to successfully revert on the objections raised by the examiner to receive a patent grant. The applicant has to respond to examination reports, appearing for hearing, etc.

    Note- The maximum duration given to respond is 6 months from the issuing date of the First examination report. However, this duration can be extended for a period of another 3 months by filing a request to the IPO.

    9

    Grant of Patent Registration

    Once the application overcomes all the objections raised by the examiner, the patent office will grant a Patent to the applicant. Once the patent is granted, the IPO publishes it in the patent gazette.

    What are the Penalties for Unauthorized Claims to Patent Rights?

    Section 120 of the Patent Act penalizes the cases of unauthorized claims to patent rights. Thus, any individual or entity:-

    • Who falsely represents any article sold by him to be patented in India or,
    • Falsely represents the subject of an application for a patent in India is punished with a fine which may extend to 1 lakh rupees.

    What is Complete Patent Application?

    Complete patent application is an exclusive legal right given to an inventor. It gives him/her legal authority to exclude others from making, using, selling, and offering for selling or importing a particular invention.

    This right remains valid for 20 years, from the date of filing. The holder of the patent is entitled to sue any person who violates the patent and chooses who to sell, grant or license the patent.

    What is not Patentable in India?

    The invention is not patentable if anything-

    • Is a mere discovery, and does not have any inventive step.
    • Frivolous, obvious, contrary to law, injurious to public health and inventions relating to atomic energy.
    • A mere arrangement or rearrangement or duplication of known devices, and anything that does not have any utility.
    • A method of agriculture or horticulture.
    • Anything comes under Section 3 and Section 4 of Patent Act 1970

    Prescribed Fees for Patent Registration under Different Heads

    A) E-Filing

    Particulars

    Individual

    Small Entity

    Other Than Small Entity

    For Filing Patent Application

    ₹1600

    ₹4000

    ₹8000

    For each sheet of Specification in addition to 30 pages

    ₹160

    ₹400

    ₹800

    For each claim in addition to 10 claim

    ₹320

    ₹800

    ₹1600

    A) Physical Filing

    Particulars

    Individual

    Small Entity

    Other Than Small Entity

    For Filing Patent Application 

    ₹1760

    ₹4400

    ₹8800

    For each sheet of Specification in addition to 30 pages 

    ₹176

    ₹440

    ₹880

    For each claim in addition to 10 claim 

    ₹352

    ₹880

    ₹1760

    New Indian Patent Rules Offer Benefits to Startups and Small Entities

    India’s latest chains of amendments to its Patent Rules are expected to hugely benefit startups & small entities requesting patent protection for their inventions. With these amendments, overall filing and registration fees for startups & small entities have been considerably reduced. While the fees applicable for small entities have been concentrated outright, startups can retain their “startup” position for up to ten years, thus permitting them the benefit of favorable fees, etc. for an absolute extended period from what was earlier available.

    Earlier this year, the famous Scheme for “Facilitating Startups Intellectual Property Protection” (SIPP) that was firstly launched as a pilot project to help startups in increasing and protecting their intellectual property has been extended for a additional period of 3 years from April 01, 2020 to March 31, 2023.

    Amendments on 19 October 2020

    The Patents (Amendment) Rules, 2020 simplified the procedure concerning to the submission of priority applications and their translations, as well as the filing of working statements (Form 27). These amendments will trim down both compliance and prosecution expenses for applicants.

    Amendments on 04 November 2020

    The Patents (Second Amendment) Rules, 2020 has also further reduce the filing & prosecution costs for applicants that are startups as well as small entities. These amendments shall cumulatively make IP protection affordable as well as available to various classes of business, and will likely also improve patent filings.

    Fees for Small Entities

    The Patent Rules, 2003 beforehand allowed a 50% decline in the fees payable by a small entity, measured up to that payable by other entities. However, now, the fee payable by a small entity is reduced to 20% of that payable by other entities. This enables the fee payable by a small entity at par with that payable by a natural person & a startup.

    Change in the Status of Startups

    The Patent Rules, 2003 beforehand provided that an entity would no longer be able to claim the position of a startup after a period of “5 years” from the date of its incorporation/registration. The amendments substitute this period of 5 years by a “period during which it is acknowledged and recognized by the competent authority”.

    At present, an entity ceases to be known as a ‘startup’ by the DPIIT (Department for Promotion of Industry and Internal Trade) on the completion of 10 years from the date of its incorporation/registration or if its turnover for any previous year exceeds 100 crore rupees

    LegalVidur Procedure for Patent Registration

    Kindly utilize the steps given above to integrate legally and securely a Patent Registration and get the benefits in the form of better-quality & long lasting inventions. Our LegalVidur experts will be at your disposal for assisting you with guidance concerning Patent Registration and its compliance for the smooth functioning of your inventions. LegalVidur professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process.

    It is advisable that an attorney with “IPR experience” must be appointed to overwhelm many of the potential pitfalls that creep around within Patent Registration and to understand the requirement in detail. The elementary information would be mandatory from your end to start the process. The Attorney will begin working on your request once all the information is provided, and the payment is received.

    Why LegalVidur ?

    LegalVidur is one of the platforms which coordinate to fulfil all your legal and financial requirements and connect you to consistent professionals. Yes, our clients are pleased with our legal service! Because of our focus on simplifying legal requirements, they have consistently regarded us highly and providing regular updates.

    Our clients can also track at all times the progress on our platform. If you have any questions about the Patent Registration process, our experienced representatives are just a phone call away. LegalVidur will ensure that your communication with professionals is charming and seamless.

    • Purchase a Plan for Expert Assistance
    • Add Queries Regarding Patent Registration
    • Provide Documents to LegalVidur Expert
    • Prepare Application for Patent Registration+ Complete all Admissibility Criteria for Preliminary Screening
    • Complete Procedural Actions
    • Get your Patent Registration at your Door Step!

    Frequently Asked Questions (FAQs)

    A Patent Registration application is not examined automatically after its filing.
    The patentee has the option to pay the renewal fees every year, or he can pay in a mass sum as well
    Yes, there is an 'International Depository Authority' in India established at Chandigarh, which is recognized as the Institute of Microbial Technology (IMTECH).
    Forms 18A, 29 and 30 have newly demonstrated because of the Patents Act, 1970 Amendment 2016. Form 18A has moreover been amended in Patents (Amendment) Rules, 2019.
    The Patent office Journal includes information relating to patent applications which are issued u/s 11A, post grant publication, restoration of patent, notifications, list of non- working patents including public notices published by the Patent Office.
    Yes, India has four patent departments located at Kolkata, New Delhi, Mumbai and Chennai. Every office has a separate provincial jurisdiction.
    Yes, the applicant can demand the early publication in Form 9 along with the prescribed fee. After getting such request, the Patent Office publishes such application within one month implemented the invention contained thereon does not linked to Atomic energy or Defense scheme.
    If the candidate does not file a reply within six months or does not take an extension of 3 months, the request is deemed to have abandoned.
    No, there is no fee for filing description for pre-grant opposition? Anybody can file this.
    The grounds for filing pre-grant opposition are included in section 25(1) of the Patents Act 1970.
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