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A patent is the granting of exclusive property rights by a government authority to an inventor. The validity of patent is for 20 years. Once patented, the patent owner will have sole rights to the invention for the prescribed period of time, thus protecting your invention from being copied by competitors. The owner has the rights to lease or sell the patent.
Not everything can be patented. The invention needs to be new, useful and non-obvious to be eligible for patent registration. In India, there are four paten offices- New Delhi, Mumbai, Chennai and Kolkata. Application for registration of patent requires to be filed with regard to the territorial jurisdiction of where the applicant is located. Government of India grants patent to 6 types of applications:
1. Ordinary or Non-Provisional Application
This type of patent application is filed when there is no priority claim involved. Also, if the application filed is not any kind of follow up of a previous convention application, it is deemed Non-provisional. These applications require a comprehensive description thoroughly delineating the invention.
2. Convention Application
When there is a claim for a priority date, with regard to the same application or a related one filed in any of the convention countries, convention application is sought. Within a year from the date of the primary filing of a similar application in the convention country, the applicant is required to file an application in the Indian Patent Office
3. PCT International Application
PCT Application is an international application. It streamlines patent application process in many countries in a single attempt. PCT Application, which is regulated by the Patent Corporation Treaty, is valid in up to 142 countries.
4. PCT National Phase Application
When an international application is filed according to PCT designating India, national phase application can be filed in India within 31 months from the international filing date or the priority date, whichever is earlier.
5. Patent of Addition
Patent of addition is filed when an application has already been filed but a few modifications need to be incorporated to the same. This type of application does not require the remittance of renewal fee since the paten of addition can only be granted after the grant of the parent patent.
6. Divisional Application
Sometimes, one application might claim for more than one invention. In such scenarios, the applicant can divide a single application to remit two or more applications. The priority date for divisional application is similar to that of the parent application.
Register a patent, do your own production or lease/sell your patent. Allow us to be your trusted assistant for a safe and hassle-free patent registration.
To ensure the availability of the patent, a thorough patentability search needs to be done on the IP India official website, before filing a patent application.
Drafting of the patent application is the next step, post patentability search. Once the draft is prepared, the application can be filed with the fees prescribed. Patent draft specifying all the details of the invention as well as declaration of inventorship need to be furnished along with the application.
Patent application filed with the patent office will be published in the official patent journal. Usually, this takes 18 months from the date of filing. However, there are provisions to expedite the publication.
Once the application is filed, Patent officer will inspect the application to make sure that all the patent compliances are met. A First Examination Report will be furnished after detailed analysis.
The patent will be granted for the invention after ample scrutiny, and after the settlement of objections, if any, raised by the patent officer. Once the patent is licensed, it is mandatory to record this license at the Indian Patent Office.
A patent is an exclusive right granted for an invention.
A patent application can be filed by the true and first inventor or assignee of the inventor. If the inventor is deceased, his or her legal representative can file patent application.
A patent generally, is valid for 20 years.
No, a Patent cannot be renewed.
Before filing a patent application, a patentability search can be done on the IP India official website. This helps applicants confirm the availability of a patent.
If a license is not recorded at the Indian Patent Office, the Patent Office or the Court may not admit the same to be a proof of share/interest in the patent, at a later stage.
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