Patent Registration in India

In today's world, intellectual property rights (IPRs) play a crucial role as they protect the creative and intellectual work of individuals. These rights are important because they serve as the foundation for innovation, progress, and economic well-being. They are supportive of innovation and creativity, as well as fostering economic progress. Additionally, they work to protect consumers from counterfeit or pirated goods and promote international trade. By protecting their intellectual property, innovators and creators can reap the benefits and financial rewards of their hard work and investments.

A Patent is considered to be one of the most common types of Intellectual Property Rights (IPR). An exclusive right is granted for an innovation, which refers to a product or method that offers a fresh technical solution to a problem or a novel approach to accomplishing something. Patent protection ensures that the patented invention cannot be produced, utilized, distributed, imported, or sold commercially without the consent of the patent holder.

A patent is essentially a right granted within a specific territory, and it is also considered a negative right.Intellectual property, such as inventions, is safeguarded for a period of 20 years to ensure its exclusivity. Once this time period elapses, the invention becomes part of the public domain. In order for an invention to be granted a patent in India, it must meet the patentability criteria outlined in The Patents Act of 1970. To apply for and obtain a patent in India, the inventor must adhere to the patent registration process in the country.

HOW DOES INDIA'S PATENT REGISTRATION WORK?

A patent is a special type of intellectual property right that is given to someone who has come up with a new invention or a new way to solve a problem using technology. The person who comes up with a new product or idea is given the right to a patent, as long as it is innovative and unique. In India, patents are registered with the government. The registration process follows the guidelines outlined in the Patent Act of 1970 and the Patent Rules of 1972. The government conducts inspections to determine if an invention is truly novel, and if so, the inventor may be granted patent rights. In India, obtaining a patent registration is relatively easier when it comes to a unique invention. Having a patent registration is not a requirement, but it does come with its own range of advantages.

When an inventor obtains a patent registration, they are granted the exclusive rights to sell, make, or use their product or process. The purpose of this is to prevent others from copying or duplicating the same product. A patent is a legal right that the Government of India grants to inventors, which can serve as evidence in a court of law. In India, the validity of a patent registration lasts for a period of 20 years. Once this period is over, the patent will require renewal or extension, which will be determined by various factors. Patents are granted for a wide range of inventions, including processes, artistic creations, manufacturing methods, computer software, chemicals, drugs, and many other areas.

Advantages of Patent Registration

Legal Defense

Registering a patent in India provides legal protection for the patented invention. In the event of any infringement by other individuals or business entities, it can be utilized as evidence in a court of law. Hence, it is crucial to register a patent in order to ensure legal protection for the product.

The business revenues have experienced a significant increase.

Patent owners have the opportunity to boost their business revenues by charging a premium to customers for their patented product. When a product is patented, it is usually required to meet certain government standards. As a result, the inventor can often charge a higher price compared to their competitors.

The process of creating an asset

A patent is a form of intellectual property, which means it is an intangible asset owned by someone. The patent owner has the ability to sell, franchise, or enter into commercial contracts for the patent in order to generate revenue from it.

Competitive Advantage 

You will have an advantage over competitors if you register your patent in India. The competitors are unable to duplicate or recycle the innovative product. By implementing this strategy, your company can stay ahead of the competition for many years to come.

Determining Eligibility for Patent Registration in India

In order to obtain a patent registration in India, there are specific eligibility criteria that an invention must satisfy to be eligible for protection. It is important to have a clear understanding of the eligibility requirements before starting the process of registering a patent. Now, let's delve into the important factors that determine eligibility for patent registration in India.

• In order to qualify for a patent, an invention must meet the requirement of novelty. This means that the invention should not have been made public before the date when the patent application is filed. The invention should provide a fresh and innovative concept, distinct from existing knowledge or prior art.
• The concept of an inventive step is crucial for an invention. It implies that the invention should not be obvious to someone who is knowledgeable in the specific field of technology. The invention should include a technical improvement or a creative idea that is not easily deduced or obvious based on existing knowledge or prior inventions.
• The invention needs to have industrial applicability, which means it should be able to be manufactured or used in an industry. The technology should be practical and useful across various fields.
• There are certain exclusions when it comes to patent registration, meaning that not all inventions are eligible for it. There are certain subject matters that are not eligible for patent protection. This includes inventions that go against public order, morality, or health. Excluded from patentability are discoveries, scientific theories, mathematical methods, aesthetic creations, and computer programmes themselves.
• To obtain a patent registration, the individual applying must either be the original and rightful inventor or have been assigned the rights by the inventor. If there are multiple inventors working together, it is important to include all of them as co-inventors when filing a patent application.
• Confidentiality Agreement: It is crucial to mention that the invention must not have been made known to the public prior to filing the patent application. When an invention is publicly disclosed, it can impact its uniqueness and level of originality, which could potentially put its eligibility for patent protection at risk. 

How to register a patent in India?

The following is a step-by-step guide on how to register a patent in India.

The process of Patent Registration can be divided into several stages, starting with conducting a Patent Search and ending with the issuance of a Patent Registration Certificate. It is advisable to seek the assistance of an experienced IPR Professional to navigate through the complex legal aspects involved in these stages. We highly suggest seeking assistance from a Patent Service Provider such as Adviso or a skilled legal professional for filing a patent in India.

Below is a comprehensive explanation of the process of registering a patent in India:

First, you need to conduct a patent search.

The first step in the patent filing process in India is conducting a patent search. This search is done globally to assess the uniqueness of an invention. In general, it is widely accepted that conducting patent searches prior to filing a patent application is a prudent and advisable practice. If the Indian Patent Office finds that an invention is already known or very similar to existing inventions, they can question its novelty and raise objections to the patent application. Performing prior patent searches is crucial in order to evaluate the likelihood of your patent being approved by the Patent Office.

Drafting Patent Specification

The invention's specification is written in a techno-legal language, whether or not the inventor's claims are included, after conducting extensive global searches. The provisional specification does not include claims, while the complete specification includes claims. The specification includes the scope of the invention, a thorough explanation of how the invention works with specific examples, and the most effective way to utilize the invention for someone with expertise in the field. Legal protection for a patent is granted when the inventor's claim is included in the drafted specification and it is considered to be complete.

Filing the Patent Application

Once you have completed the drafting of the Patent Specification, you can proceed with the process of filing a Patent Application in India. As we previously talked about, patent applications can be categorized as either provisional or complete, depending on the specifications that are drafted. The provisional or complete specification is filed in Form-2, while the Patent Application form is filed in Form 1, as required by the Indian Patent Act. The inventor must file a complete specification with their claims within 12 months of filing a provisional patent specification. There are six distinct types of Patent Application forms that can be submitted based on their intended purpose. Here are:

• An ordinary patent application is used to directly file a patent application in India, with the intention of obtaining protection solely within the borders of India.
• A PCT National phase patent application is utilized for entering the national phase of the PCT or Patent Cooperation Treaty in India. This allows the applicant to pursue patent protection in various countries.
• The PCT International patent application is used to submit a solitary patent application for registering a patent in numerous countries that are part of the PCT. This process offers a centralized approach for seeking international patent protection.
• Convention patent applications are utilized to establish priority for an earlier application filed in a convention country. This enables applicants to secure the priority date for their invention.
• A divisional patent application is used to split an existing patent application into several distinct applications, usually when the original application encompasses multiple inventions.
• A patent of addition application is used to submit an application for enhancing or altering an already existing invention that has already been granted a patent.

Publishing the Patent for Public Opposition

After the patent application process is finished, the patent is published in an official journal and made available for public viewing and inspection. This happens 18 months after the date of patent filing or the date of priority, whichever comes first. The general public has the chance to raise valid objections to the patent.

Initiating the Process of Patent Examination

The patent application is only examined after a request for examination has been submitted. The examination request must be submitted within 48 months from the date of filing the patent or the priority date. The patent examiner reviews a patent application and issues a report on the examination. The examiner has raised a series of objections in the examination report. The deadline for submitting a response to an examination report is 12 months from the date the examination report is issued. If necessary, the examiner has the option to contact the applicant or their representative for a show cause hearing in order to address the objections. That is the reason why this phase is also referred to as patent prosecution.

The Patent is Granted

Once all objections to the examination report have been addressed and the examiner is satisfied with the applicant's response, the application is prepared for the grant of Patent Registration. The registration process for the Patent is now complete. However, if the examiner is unsatisfied with the applicant's response and arguments, they have the authority to reject the patent application. In this scenario, the applicant will need to go through the entire patent procedure in India once more in order to obtain patent protection.

Documents Required

The necessary documents for patent registration are as follows:

• Certain supporting documents must be submitted with the patent application in order for the patent filing process in India to be considered complete. The importance of these documents cannot be overstated when it comes to successfully registering a patent. If they are not filed correctly or if they are incomplete, the Patent Office may reject the application. Here is a comprehensive list of the documents needed for Patent Registration in India.
• Application Form: To complete the patent application process, it is necessary to submit a fully completed and signed Form 1. This form includes important information such as the applicant's name, address, and contact details.
• A patent specification document, known as Form 2, is necessary. It should provide a detailed description of the invention, including its technical aspects, working examples, and any drawings or diagrams that are needed to understand the invention. An initial filing of a provisional patent specification can be made, and then a complete patent specification can be submitted within a period of 12 months.
• Summary of the Innovation: Please provide a concise summary, no longer than 150 words, that outlines the technical features and benefits of the invention.
• A Power of Attorney document is necessary when a Patent Agent or Service Provider is handling the patent filing procedure, as it grants them the authority to act on behalf of the applicant.
• Statement and Pledge: The inventorship of the invention and the accuracy of the information provided in the application must be declared in a statement and undertaking (Form 3) that needs to be submitted.
• If the applicant is asserting priority based on a previously filed patent application in the convention country, they must submit a certified copy of the priority document and its English translation, if applicable.
• To provide evidence of the right to file, it is necessary to submit a document that proves the applicant's entitlement to file the patent application, such as an assignment deed or an employer-employee agreement, especially when the applicant is not the inventor.
• If the applicant is a registered MSME or DPIIT Recognised Startup, they have the option to utilize Form 28 to avail a reduction in Patent registration fees.
• Evidence of Payment: The necessary fees for submitting the patent application form, as well as any additional fees for specific services such as Patent Examination and responding to Patent Objection, must be paid and the evidence of payment must be provided.

Why Choose Adviso?

The patent process in India is important for protecting the intellectual property rights of inventors. It is crucial to follow the steps involved in order to ensure proper safeguarding. Each stage in the overall procedure of patent registration in India, including conducting patent searches, assessing patent novelty, and drafting and filing the patent application form, plays a crucial role. Addressing objections raised by the examiner is an important part of the patent registration procedure during the subsequent examination and prosecution phase. In addition, when a patent application is published after filing, it enables the public to review and potentially raise objections to the patent.

By carefully navigating the patent process and seeking expert advice, individuals can successfully register their patents and safeguard their innovative ideas. This creates chances for commercialization, partnerships, and business expansions, which ultimately leads to the growth of innovation in different industries.