Patent Registration

Start Legal Patent Process

A patent is a legal paper that provides individuals or businesses with the capacity to protect their inventions, stopping any illegitimate import, manufacture, or sale of their product. Inventors commonly decide to patent their inventions to shield their creative ideas from being exploited.

What is Patent Registration?

The process of patent registration is a legal step that permits inventors license rights to their product, service, or technology. This grants the inventor control over their creation for the entire duration of the patent’s legitimacy. Patent registration in India is guided by the Indian Patents Act of 1970, as well as the rules and regulations established under it.

Required Documents

It is essential to provide the required documents for Patent registration. These are listed below:

• Patent Registration Application Form-1.
• Ensure that the specifications in Form-2 are fully completed. If these specifications are not accessible, you may consider using a provisional specification instead.
• Form-3 contains both a statement and an undertaking.
• A formal statement from the inventor regarding inventorship is included in Form-5.
• Evidence from the inventor demonstrating the entitlement to file a Patent Registration application.
• A Form-26 power of authority is compulsory when a patent agent or attorney files a patent application.
• For convention applications or PCT (Patent Cooperation Treaty) national phase applications, it is mandatory to provide priority documents with the initial application or within 18 months from the priority date.
• The National Biodiversity Authority’s permission is necessary for applications including biological material obtained from India.

Procedure for Patent Registration

The process of registering a patent includes various stages, commencing with a complete Patent Search and concluding with the issuance of a Patent Registration Certificate.

1. Determining the patentability of the invention by performing an extensive search: The initial step in the Patent Filing process involves conducting an extensive search on a global scale to ascertain the uniqueness of your invention. It is generally recommended to carry out patent searches before proceeding with a patent application. If your invention is identified in prior art or closely resembles existing inventions, the novelty of your invention may be called into question during the patent office’s evaluation.
2. Developing Patent Specification: Once the search process has been concluded and verified, the subsequent task is to fill out an application form in Form-1. Each application is required to be accompanied by a patent specification. This specification must be prepared in form 2, where the applicant must provide either a complete or interim specification depending on the progress of the invention. If an interim application is submitted, a 12-month timeframe is given to finalize then submit the complete application.
3. Filing of Patent Application: Once the Patent Specification has been prepared, you can begin the process of filing a Patent Application. It is required to understand that the patent application can be provisional or complete, depending on the specifications outlined. The provisional or complete patent specification is lodged using Form 2, while the Patent Application form is lodged using Form 1, as per the regulations of the Indian Patent Act. If a provisional patent specification is lodged, a complete specification with the inventor’s claims must be submitted within 12 months from the initial lodgment.
4. Examination of the Application: The examination of a patent application takes place exclusively when a formal request for examination has been lodged. It is imperative to submit this request within 48 months after the patent filing date or the priority date. The patent examiner thoroughly assesses the application and issues an examination report that highlights any objections raised during the review process. The applicant must respond to this report within 12 months of its issuance. If necessary, the examiner may summon the applicant or their representative for a show-cause hearing to address the objections. This particular phase is also known as patent prosecution.
5. Patent conferral: After addressing all the objections mentioned in the examination report and receiving a satisfactory response from the applicant, the patent application is ready to be granted a Patent Registration.

Significance of Patent Registration

Registering a patent is crucial for a multitude of reasons. Here are some of them: