Know Overall About How to Get a Patent in India
You need to know how to patent an invention in Bangalore India; before you decide to go ahead with the step as such. With the help of patent registration consultant, you would be able to get patent over an intellectual property. It could be done by individuals as well as firms or organizations. The Indian government has come up with the IP (Intellectual Property) department in order to provide you the complete right to get your invention registered under patent.
However, in order to happen that your invention or creation has to be a unique one for sure. In return for that you – the inventor – have to show all the proof as asked by the government.
Patents have also been defined as a kind of exclusive right that the government grants you.
What is patent registration?
Simply, patent registration means applying your new, unique, useful and helpful invention to patent department and obtaining the registration certificate for that.
The process of patent registration means that you get greater preference over other entities when it comes to your invention. It is always important, in this context to get in touch with a patent consultant in Bangalore and get your work done by professional providers of patent registration services in Bangalore. In India the grant of patents is governed by a couple of acts namely Patent Rules, 1972 and Patent Act, 1970. You need to know however that a patent is not a matter of lifetime.
The invention in question could be anything. It could be the process, method or art to manufacture any of the following or more:
- Computer software
- Technical application
These days, in all the major cities of India you would find the companies, they are willing to provide you this kinds of services in regards to patent, copyright and trademarks for the sake of protecting others invention, creation, design, brand and logo.
Why should an inventor register a patent?
There are several reasons to register a patent. The first reason is that why you do it, because you would get royalty by licensing your patent. At least in India you would be protected for a period of 2 decades. After that too you can use the patent for yourself. Thanks to your patent that you would also be able to stop others from using invention without getting permission for doing the same from you.
A patent can protect the following:
- Protects the intellectual property right
- Protects from unauthorized access of your invention
- Prohibit others from making, using and selling of products without inventor’s permission
- Action can be taken to unauthorized users under Patent Law & Act,
Who can apply for a patent?
As has been said already, anyone can apply for a patent. Means the true and first inventor has the right to apply a patent, it could be an individual, legal representative or a firm as well.
What are the criteria for filing a patent?
In order to file a patent, it has to be a unique one, it has to be an inventive or non-obvious step, and it should have industrial applications as well. At least some part of your patent has to be a new development. It should not have been published in India or anywhere else for that matter before the date on which you filed your patent application. The invention should be regarded by experts as a surprising or unexpected development in the field where it is applicable.
What are the advantages and benefits of a patent?
As has been said already, with a patent you would be able to protect your innovation. This way, you would also have the right to transfer or sell your patent right. The patent is normally valid for 20 years. With the help of the IP right that you get with the patent you would be able to save your invention and also stop others from using it without taking permission from you for the same. When you have patent right you can franchise or sell it as and how you wish to.
Here’s see the benefits of patent:
- It consider as a super valuable asset
- Increases the value and image of products over time
- Increases value of your business
- Helps to raise funds for business
- You may give permission of your patent license to other parties to get extra financial help
- Creates a great relationship with customer
- Builds a good brand of your products
- It is a great tool of marketing
- Helps to make more trustworthy and etc.
Patent registration process
Before applying for your invention or creation on patent, you need to understand and clear about the below things, which are most important to obtain a patent for products or services.
See the aspect for filing process of patent application:
- Figure out the invention and find how is it beneficial & unique one
- Prepared symbol, drawing and pattern of invention
- Consult with a patent attorney whether the invention is patentable subject or not
- Make a public patent search on novelty of invention
- Decide whether to go ahead with patent filing
- Draft a patent application
- Filing of patent application
- Publication of patent application
- Request for examination
- Respond to patent examination report
- Reply to patent opposition
- Issue or grant of patent
Take a look at the picture and you’ll get a clear idea about the workflow of patent registration process.
What are the steps for registering a patent?
In the first step of this process you would have to fill up the application form. These days, there are plenty of companies out there that are providing these services. All you need to do in this case is to fill up these forms along with some basic and relevant information. This information would be helpful when the patent registration application is filed.
In the second step you have to look for the patent search. Once your service provider has got the documents from your end it will do a patentability search on your behalf. This normally takes 1 working day.
In the third step the application is prepared on your behalf. This is done on the basis of the documents as well as the basic information provided by you. This normally takes around 3 working days.
After that comes to submission of patent. At this stage a final review is done before filing the patent. Once the review is completed, it has to be submitted to the respective patent office along with the supportive documents and it takes around 2 working days.
After submission of patent application, you will receive the acknowledgement via email.
After these stages, it goes for certain approval such as publication of patent, request for examination, issuance of the examination report, hearing with the controller, and grant of the patent.
What are the documents needed to apply for a patent?
You need to provide 6 forms along with your patent application.
In Form-1 you have to provide a duplicate copy of the patent grant application.
In Form-2 you need to provide a duplicate of provisional or complete specification. This should also include descriptions, claims, drawings if necessary, and abstract.
You have to provide a duplicate copy of statement and undertaking in Form-3.
In Form-26 you need to provide power of attorney in case you have assigned an agent. In this case the original copies of the document have to be attached.
In Form-5 you have to offer a duplicate copy of the declaration of inventor-ship. However, this is only applicable where the applicant and the inventor are not the same.
Form-28 needs to be provided in case you happen to be a small entity. Apart from this, you also need to provide a certified true copy of your priority document. This is applicable for cases where you have claimed priority. You also need to pay the necessary statutory fees in cheques or demand drafts (DDs).
Patent term and renewal
It would last only for a period of 20 years and after that it would be there in the public domain. If you’re maintaining and improving the quality of your product’s design invention, can apply for renewal.