CRITERIA FOR FILING 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 the industry.

 

PROCEDURE

Application Form

Conduct Patent Search

Application Preparation

Filing of Application with Govt. Fees

Completion and Tracking of status

 

REASONS TO REGISTER A PATENT FIRM

Legal Protection – Only owners of registered patents are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.

Global Patent Protection – A patent registration in India can be used as the basis for patent registration in other countries, if required. Foreigners and Foreign entities can also register a patent in India, if required.

Competitive Edge – Patent registration will provide a unique competitive edge for the business. Competitors will not be allowed to use the patented invention for similar goods or services.

20 Year Validity – Patent registrations in India are valid for 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.

Creation of Asset – Patent registration creates an intellectual property, which is an intangible asset for an organization. Registered patent is an intangible asset that can be sold, franchised or commercially contracted.

 

FAQ’s

Q. What is a PATENT?

The Patent system in India is governed by the Patents Act, 1970 &  The Patents Rules 1972.

TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.

This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent

Q. What can be patented?

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.

Q. 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.

Q. What is the validity of Patent?

Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under the public domain.

Q. Does the applicant get an opportunity of being heard before the application is refused?

An applicant should make a request for a hearing 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.