After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
The lifetime of a patent is 20 years. This period is limited is most cases, but it could only be extended by the act of congress and in rare cases it could be extended for a few years.
The patent could be for many things, be it process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.
Types of patent applications in India
- Ordinary application: This type of application is carried out when there are not any application or reference to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.
- Conventional application: If an inventor has already filed a patent in other country and now wishes to do the same, then this comes under conventional application. It is mandatory to file the application for Indian patent within 12 months of first filing it.
- PCT International application: PCT International application lets you to file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.
- PCT National phase application: You can file this application within 31 months from the international filing date.
What is included in our Package.
Documents Required for patent filing in India
- Application form in duplicate (Form 1).
- Provisional or complete specification in duplicate. If the provisional specification is filed, it must be followed by the complete specification within 12 months.(Form 2).
- Drawing in duplicate (if necessary).
- Abstract of the invention in duplicate.
- Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
- Priority document (if priority date is claimed) in convention application, when directed by the Controller
- Declaration of inventor-ship where provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5).
- Power of attorney (if filed through Patent Agent).
- Fees (to be paid in cash/by cheque/by demand draft)
Form 1: Application for Grant of Patent
- name and address of the inventor(s),
- name and address of the applicant(s),
- Information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed, and
- some declarations, among other information.
Form 2: Provisional / Complete Specification
Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending of the type of patent application you are filing.
Form 3: Statement and Undertaking under Section 8
Form 3 is used to furnish information relating to patent applications filed in other countries for the current invention. You would undertake that you will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India.
Form 5: Declaration as to Inventorship
This application is used to declare the inventors of the current patent application.
Form 26: Power of attorney (if filed through Patent Agent)
Form 26 is used to assign the power of attorney to the patent agent to deal with the patent application, correspondence and communication on your behalf.
Requirements of Getting a Patent in India
The following requirements are necessary to get your invention patented in India:
- Patentable subject matter: According to the Patents Act, section 3 and 4 contains the list of non-patentable subject matter. Your invention should not fall under this list.
- Inventive or non-obviousness: The subject matter you wish to get patented should not be obvious to experts in the field. That is, it should be technologically advanced or economically profitable to be patented.
- Novelty: The invention should be new and innovative. And so, it should not be used in public domain or elsewhere around the globe.
- Industrial applicability: Finally, this invention should be practical and usable in the industries or public domain.
Rules of Patent Registration
- The first schedule of the Patent Act, describes the fee payable.
- 10% additional fee is charged in case of documents are filed physically.
- The inventor can pay the fee using electronic means, in case, demand draft or banker’s cheque.
- The fee would be paid to the Controller of Patents.
- If the application is transferred from a natural person to a person other than a natural person (entity/institution), then the balance amount will be paid by the new applicant.
- The same is with the case of start-ups. That is, if the application is transferred from a natural person to a person other than a natural person, then the difference amount will be paid by a person to whom the application is transferred.
- The fee once paid, will not be refunded. Unless, some excess amount is paid to the Controller of the Patents.
- The fee can be paid in advance of the application process.
- Some amount of fee can be refunded, if the application is withdrawn before the first statement of objection is issued. The amount specified is mentioned in the First Schedule of the Act.
Advantages of Patent Registration
- It keeps the competitors at bay, as you have all the rights reserved to yourself.
- Moreover, it increases your business revenues as it enables the patent holder to charge premium for the invention.
- These patents are just like other forms of property. Hence, it is possible to license or sell them.
- It makes it easier to raise capital for your business, if you are ready to sell or license the patent that you possess.
- The credibility of the inventor will go up after the patent registration is done.
- The selling of the idea outright will bring in much advantage to the inventor. It only brings royalty of 5% or less, but it is highly advantageous to people who have the idea but doesn’t have enough money to bring the invention to the market themselves.