A patent registration is the right which is grant for the individuals or for the organisations under the rules and regulations of the government. The patent registration is made so as to exclude the others from copying or selling of the inventions without the approval of the owner. Hence it is mandatory for all the inventors in India who want to protect their intellectual property called the patent. The patent registration can be process according to the Patent Act 2002.
Types of patent
Different types of patent applications to understand for patent registration
1. Normal or temporary application
An application for a file for patent registration in a patent office without giving preference to an application made in the convention country or without reference to other applications being process in the office is called a general application. The general application should be with full description and claims.
2. Convention application
An application for a patent file in the patent office claiming a priority date base on the same or significantly equivalent application filed in one or more convention countries is call as a convention application. To obtain Convention status, an applicant must file a similar application within 12 months from the date of first filing in the Convention country at the Indian Patent Office.
3. Temporary application
The provisional application is a provisional application that is file when the invention is finalize and is still in use.
4. Patent of the compilation
Suppose the applicant has already filed for a patent and applicant have made a slight improvement in the invention. Applicant may not be able to file a new patent application because it does not meet the requirement of the innovation phase. Additionally a patent can be file. Additionally protects patented development. Then there is no special renewal fee for the patent and it expires when the principal patent expires.
5. Divisional application
When there is more than one invention in a patent application, the applicant (or his own contract) is require to divide the application based on the number of inventions contained in the application. A divisional application can be file at any time before patent registration. The priority date of the split application is the same as the parent patent application.
6. National Phase PCT Application
At the national stage, the applicant must file a national stage patent application in India within 31 months from the date of international filing or priority.
Need for patent registration in India
- In India patent registrations are invaluable to start-ups and small businesses as they serve as bargaining chips to attract investors and sponsors.
- Furthermore, patents granted in India enhance the identity and credibility of the inventor or his start-up or company in the market.
- Many inventors are not big fans of the patent registration system due to legal implications, but the benefits ultimately gained outweigh the initial difficulties.
- Many start-ups and innovators hire registered patent agents or registered patent attorneys for patent who are well versed in the process and can assist in the commercialization of patent registration and innovation.
- Patent registration helps a particular innovation in the market to limit the competition in commercial terms.
- prevents others from encroaching on the inventor’s sole monopoly.
- This right puts the inventor at the top of the negotiation table for royalty when he decides to license his product.
- Generally, licensing means that someone else makes and sells an invention in the market and shares a portion of the royalty with the inventor.
Patent granting procedure in India
Since the government has granted a patent, the first step is to file an application for its grant. A request for examination must then be process from the Indian Patent Office. The applicant will be given 12 months from the date of issue of the first test report to satisfy the objections raise by the Indian Patent Office. If the applicant fails to do so, the application will be deemed abandoned and nothing more will come out of it.
However, if the applicant succeeds in satisfying the criteria of the Indian patent, the patent will be grant to him and its notification will be publish in the Patent Office Journal. Please see the flow chart on the right for a graphical understanding of the patent granting process in India. One has to accept that there are some inventors, who have written their patents, with unbelievably quality and technical knowledge, but to be frank it is a rare case. And most of the inventors today need, professionals to carry on the work.
Filing an application for a patent grant in India by a foreigner
Following the signing of both the Paris Convention for the Protection of Industrial Property (1883) and the Patent Cooperation Treaty (PCT) , India is responsible for allowing foreigners to apply for a patent in India. As mentioned above. If the applicant is from Convention Country (s), there is a period of 12 months from the date (s) of the application for the grant in his / her Convention Country, in which he / she has to apply in India. This can be process by the applicant alone or through the applicant’s legal representative.
A patent in the Indian jurisdiction is usually 20 years from the date of filing the application for a patent grant. However, it takes 20 years for the applicant to file his / her application under PCT. The period starts from the priority. In addition, the patent must pay a renewal fee, which can be pay on an annual basis or as a lump sum payment.
Secrecy in patent
The Indian Patent Office (IPO) discloses a patent only after 18 months of filing an application or by publication in the official journal of the patent after the priority date (whichever comes first). Until then it will be keep secret. A new edition is publish once a week and once publish it is free for the public to examine and photocopy any documents where necessary.
Renewing a patent
To renew a patent registration, the specify amount must be pay and a request for renewal must be made within 18 months from the date the patent expires.
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