Patent registration in India is a technical-legal documents that provide details of new, explicit and industrially applicable inventions. Upon approval by the patent office of a particular country / region, the patent owner grants the legal rights / use of the monopoly / others, the sale, sale, import – the right to exclude patent innovation or patent export in that country. Innovation from that country. However, if the third party infringes the legal rights of the patent holder (infringer), he / she / they can sue in court for prohibition and / or indemnity (compensation).
Some of the main advantages of patent registration are as follows:
Advantage of companies / industries over competitors due to monopoly rights over a particular invention
The ability to sell / license a patent to another company helps researchers monetize their invention.
Opportunities to increase investment and VC interest in patent protection – Innovations due to monopoly
Technology is new and unique with branding and patent status.
The application process of the patent
The true and first inventor (s), his assignees or their legal representative – may apply for a patent registration in bangalore with an appropriate or complete specification. In India, there are 4 offices in Delhi, Mumbai, Chennai & Kolkata and depending on the address of the applicant where he resides, his place of residence, or place of business or place of origin of origin, the appropriate office applies. In the case of foreign applicants, whether they are non-resident, place of business, place of business in India or address for service in India is a matter to be determine by the appropriate office of the patent agent appointed by them.
The first filing date of a patent application is call the priority date. In the case of an originally filed patent policy, if this date is significant and there are two patents / patent applications with the same / substantially identical content, the previous priority date is the patent application / patent surviving another.
If you have to file in other countries, the priority of the application (parent application) initially filed – can be taken and filed in those countries / regions. Subsequent applications have the same priority date as the parent application and refer to the family members of the initial application and to each other. The application procedure is generally the same, but the format of the application may vary from country to country and the applicant may not normally file without the professional assistance or attorney in that country / region.
Patent registration in India
The steps related to patent registration in India are as follows:
- Filing a patent application is the first step of patent registration in India
- The Patent Office usually publishes the full patent specification eighteen months after the date of preference. Optionally a request for advance publication can be made so that publication usually takes place within one month of such request.
- The next step in this process is testing by the patent office. Unlike publication, the examination of a patent application is not automatic and the request must be filed within 48 months from the date of preference and the date the application was file
- Once the request for the test, the patent office will give the test report to the applicant. The application test will be base on the date the request for the test was file, i.e. the request made for the test before, the report issue earlier.
- After the issuance of the first examination report, the objection should be drop and the application should be place on the condition of allowance within 12 months if any as per the requirements.
- After considering first or next test reports and replies to hearing notices, the controller grants or rejects the patent application.
- In this India, a patent application may be opposed before and after a patent is grant. The patent registration in Chennai T.Nagar may also be revoke under certain circumstances. Once the patent is grant a renewal fee must be paid for the patent to remain in effect.
- The decision of the patent office / regulator may be appeal against the intellectual property appellate board.
Modes of filing the patent internationally
Paris Convention:
The Paris Convention facilitates direct filing in another country for all members of the Conference, which includes India and all major countries. However, filing through the Paris Convention must take place within 12 months from the date of priority.
Patent Cooperation Agreement System:
PCT is a vehicle system that allows the applicant to file in the PCT Contract States within 30-34 months from the date of preference (varies from jurisdiction to jurisdiction) instead of 12 months. PCT not only initiates extended time periods, but also facilitates logistic and formal work in terms of documentation and forms. The PCT system also provides an international search report on innovation – giving the applicant a glimpse of the possibilities of patent granting in multiple jurisdictions. However, the PCT application must be file within 12 months from the date of priority. Also, not every Paris Convention country is a member of the PCT and only the Paris Convention route is use for patent filing within that jurisdiction.
The following rules must be follow in the case of foreign filing of Indian residents:
- If an application is file in India, there is a mandatory waiting period of at least 6 weeks for filing outside India, otherwise a request for foreign filing permission must be submit to the patent office and can only be file after obtaining permission outside India.
- If the applicant wants to file directly outside India, he must first submit a request for foreign filing permission at the patent office, again without filing in India, and only after obtaining permission can he file outside India.
- Failure to obtain permission from the IPO prior to filing a foreign application may result in the waiver of the Indian patent application and, if granted, the revocation of the patent. One could face up to 2 years in prison or a fine or both.
Conclusion
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