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Patent Registration in India: How to Apply for It? Research Team | Posted On Friday, May 24,2019, 06:06 PM

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Patent Registration in India: How to Apply for It?



Patent Registration in India:

A patent is the right given to an individual or a company by the government. A patent is a kind of license or legal document which confers the right for a specified time period and bars others (competitors) from making use of, selling or importing the patented product. A patent can be sold by its owner just like any other product.

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Patent Registration in India: How to Apply for It?

Intellectual Property Rights in India:

Intellectual property rights are a recent addition and legally allow you protect a certain product or innovation from use by others (This is mainly competitors). Intellectual property rights help govern and control the use of scientific innovations. According to the trade-related aspects of the intellectual property (TRIPS) agreement, intellectual property rights are as follows:

  • Copyrights and related rights that include rights on music compositions, paintings, photographs or writings like novels or poetry and so on, rights on computer programmes, software, codes, Computer Programming Languages, rights of a company on the broadcasting of a programme and so on.
  • Rights of traders on trademarks
  • Rights of designers on any distinctive designs
  • Rights of manufacturers or producers on geographical indications
  • Rights of a programmer on specific layout/design of circuits.
  • Rights of businessmen for protection of undisclosed information related to technology, systems or management.
  • Patents: This includes the rights of the investor vis-a-vis exclusive rights on the invention.

Patent Registration Process:

Stage 1: Invention Disclosure:

This step involves elaborately disclosing your product to the patent professional. In this stage, the parties must sign a non-disclosure agreement. You have various details on your product like the area of invention, product description, advantages of the invention, its working, experimental results and so on.

Stage 2: Novelty Search:

In this phase, the patent professional carries out an extensive search on databases trying to find if your product matches any innovation which currently exists. After this the patent professional makes the patentability report.

Stage 3: The Decision to File the Patent Application:

After reviewing the patentability report, you must decide if you want to go ahead with the process of filing the patent application. Your product must contain an innovative factor which can be either in terms of technical advancement or economic significance. It must not resemble any existing patented product.

Step 4: Drafting the Patent:

Drafting the patent could cost around Rs 20,000 to Rs 30,000. You can opt to write your own patent application, but hiring a patent drafting professional adds value to your application. Drafting of a patent requires sound technical and legal knowledge and therefore a patent professional with appropriate experience can skillfully draft the patent.

Step 5: Filing a Patent Application:

After reviewing the patented draft and carefully going through the technical details, you can file the patent application. You have to submit the patent application along with fees of Rs 1,600, Rs 4,000 or Rs 8,000 based on the type of application.

Step 6: Request for Examination:

The request for the examination of the application is based on the type of applicant. Such a request is made within 48 months of submitting the application. The examiner goes through the application by evaluating various parameters like the subject matter and so on.  

Step 7: Response to The Patent Application:

The examiner provides a report which contains details on prior arts which are similar to the claimed invention. You have to prove your product is different.

Step 8: Respond to Objections:

In this step, the applicant tries to communicate his novelty over prior arts as mentioned in the first report. Here the inventor sends a response to the examiner on how his product satisfies the patentability criteria.

Step 9: grant of patent:

The application will be reviewed and placed in order to grant the patent if it meets all the patentability requirements. Once the patent is granted, it is mentioned in the patentability journal.

Advantages of Patents Registration:

A patented product increases brand recognition and helps the beneficiary establish it as a unique innovative product. Listed below are a few advantages of obtaining a patent:

  • The Patent helps increase the business revenue, while establishing it as a unique product in the market.
  • With exclusive rights, the beneficiary can influence the market by making use of the innovation for a full 20 years.
  • Patents can be sold by the owner just like other rights. This allows the owner sell his innovation at a higher price.
  • A Patent can also protect your product from heavy competition.

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