Patent Registration
A patent registration helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.
ADVANTAGES
PATENT PROTECTS INVENTION
It an intellectual property which protects your invention and prevents other to use it without your prior permission.
SELL OR TRANSFER PATENT RIGHT
Registration of patent allows you sell, transfer or franchise your patent. This will help you to raise more revenue.
PATENT VALID FOR 20 YEARS
Your invention gets protection for a particular period which helps you to protect your invention.
Get Expert Assistance
IPR
REASON
- Get royalty by licensing your patent.
- Protection for a period of 20 years in India.
- You can then utilize your invention yourself.
- Stop others from using your invention without your permission.
CRITERIA FOR FILLING A PATENT
NOVELTY
Some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
INVENTIVE STEP/NON OBVIOUS
If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
INDUSTRIAL APPLICABILITY
Invention should be useful, such that it can be used in an industry.
PROCESS
Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly.
PATENT SEARCH
How To Check Patents? It Is The Most Common Question Among People When They Want To Patent For An Idea. So, My Legal Route Performs Patent Search For All The Existing Inventions On The Idea That You Are Trying To Patent. If There Is A Patent Already On The Idea You Are Considering, Than Patent Is Not Granted. Patent Search Saves You From The Effort Of Going Through The Year Long Registration Process. You Can Stop If The Patent Is Already Registered.
PATENT DOMICILE
Patent Which Are Registered In India Is Only Valid For India. It Protects Your Invention In India Only And Does Not Apply To Other Countries. There Is The Possibility To Protect Your Invention In Other Countries As Well. For Same, You Need To Apply For A Separate Application In Each Country.
FILE PATENT APPLICATION
An Application Should Be Filed With The Department Before Disclosing All The Details About Your Invention.
PATENT REVIEW
The Patent Office Of The Indian Government Reviews Your Patent Application. There Check For Any Existing Patents Granted On Similar Idea. If They Find The Invention Unique And Patentable, Then They Grant Patent For The Application.
PATENT GRANT
Once The Patent Is Granted, The Application Status Is Updated Online At The Patent Site. It Can Take From 6 Months To Even 1.5 Year For A Patent Certificate To Be Granted.
FREQUENTLY ASKED QUESTIONS
It can be any invention related to work, manufacturing, the machine, process, computer software or any other which was never introduced to the public before.
If a patent is granted in India does it mean that it will protect my invention outside India as well?
A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.
To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.
Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
For a software to be patented it must fulfill the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.
Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.
Yes, you could search easily at portal. But it requires the expert consultation to search for a patent. They can help you with the filing with more accuracy. So it is always advised to consult experts while patent search or registration in India.
Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.
Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under public domain.
An applicant should make a request for a hearing in of the application at least 10 days before the expiry of the statutory period. If he fails to do so, then the controller may not provide the opportunity of being heard before refusing his application.
- To obtain patent you have to first apply for a patent.
- Fill patent application form/apply for patent
- Patent Check
- Patent a Name
- Documentation
- Patent Submission
After done with patent procedure you can simply get the patent of your idea.