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Patent filing types and its Importance in India

patent registration in bangalore

Patent filing is an Intellectual property is an unfinished asset – It can provide the world with an invention that can simply change life and contribute to the economic growth of the inventor or his company. An intellectual property brings a lot of benefits with it.

It can turn an idea into a profitable asset, increase the market value of the business and also help to increase it financially.

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Various innovations such as solar power trees, solar water purifiers, sugarcane-based prosthetic organs and self-repair roads have been credited to Indian investors. These discoveries really changed the world.

If a  inventor has created or invented a process, product or service that inventor can define as an original invention, then obtaining a patent is in the best interest. Giving a patent to the invention will prevent the competitors from profiting from what inventor has created. If inventor need to file a patent, inventor can see this step-by-step guide that describes the entire patent process in India. 

Non- disclosure agreement (NDA)

Since filing of the patent is long and most complicated the inventors engage professionals to do the job. Those agents who involve in patent filing on behalf of the inventor can ask for the fees to do the work.

When inventor chooses people to carry out the patent filing on the behalf of the inventor, the agent should not disclose the invention, so that a non-disclosure agreement is drafted. This drafting is done before the inventor discloses the invention to the agent. 

Check whether the invention is patentable

Before to begin with the patent registration process, inventor should check whether the invention is patentable. This means inventor needs to check if another person has filed a patent for a similar technology that inventor is filing. Doing an in-depth patent capacity search can help to understand if inventor has a chance to get a patent. While this step is optional, it saves time and can help to understand whether or not to file for a patent in the first place.

Draft the patent

The process of patent filing can be start by applying in patent application Form 1. It is mandatory to file the Form 2 patent specification. There are two types of the applications, one is provisional patent application and complete patent application. If the invention is still being test by the inventor then, provisional patent application can be tested. The inventor will get 12 months of time to complete the invention, then complete patent application can be used. When patent application is fill it should be file with relevant clause like usability and outcome in detail. 

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Filing of patent application

Various forms are used for patent filing in Bangalore. They are:

Application for the patent grant

Patent specification form

Undertaking and statement with regard to foreign applications under Section8.

Declaration of the invention

Form authorizing patent agent.

When the applicant is start-up or small entity, this application is mandatory

Priority documents: Patent filing in Bangalore is done if priority is from foreign applicant then priority documents are used by the inventor. 

Publishing the patent

After inventor submits all the documents, the patent application will be securely stored by the Patent Office of India. The patent is publish in the official patent journal after a period of approximately 18 months. However, inventors who wish to publish their patent application before this 18-month period may submit Form 9.

This is an automated process, but if an inventor wants to publish his application in advance, he must submit Form 9 (initial publication request), in which case the application will be published in the official patent journal within 1 month of the request. However, there are some scenes where the patent application is not publish. 

After reviewing the application, the first examination report (FER) will be submit, which will include the reasons for the objections, if any.

The examiner lists his objections in detail. This can extend the application process by another 6-9 months. Note that examiner objections are very common in the case of patents.

If the inventor needs to make changes inventor can file a request for an extension of time by submitting Form 4.

It is then follow by decision to grant the patent and then after 20 years, the patent can be renewed. 

Types of patent filing

Types of patent filing applications

Patent filing in Chennai gives the types of the patent filing applications.

Provisional patent application

Non-provisional patent application

Design patent application

Plant patent application

Provisional patent application

The provisional application for a patent shall have a pendency of up to 12 months from the date of filing of the provisional application. The 12 month pendency period cannot be extend.

Therefore, patent filing in Chennai has the provisional application must file the relevant non-provisional application for the patent (nonprofessional application) within 12 months of the pendency of the provisional application

Non-provisional patent application

A non-provisional patent application filed more than 12 months after the filing date the provisional application, but within 14 months after the filing of the provisional application, the renewed application may have the benefit of being filed by filing a grantable petition.

Design patent application

A design can have visual decorative features, or be apply in a manufacturing article. As a form is express in design, the subject matter of a design patent application may be related to the configuration or texture of an article, the surface decoration applied to an article, or a combination of configuration and surface decoration. 

Plant patent application

A plant patent is grant to an inventor (or inventor heirs or allotments) who invented, invented, and reproduce a variety of new and different types of plants, rather than a tuber propagate plant or uncultivated plant. State. This grant, which lasts for 20 years from the date of filing the application, protects the patent owner’s right not to reproduce the plant asexually, and to exclude others from using, selling or selling the reproduced plant or any of its parts.

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