Patent Registration

What is a Patent?

A patent grants an individual or entity exclusive rights to safeguard their invention against unauthorized importing, manufacturing, or selling without the patent holder’s consent. Inventors frequently opt for patent filing to safeguard their creative concepts from exploitation. Filing a patent in India involves a legally intricate and time-consuming procedure. Thankfully, Vakilsearch provides a streamlined option for patent registration, enabling inventors to swiftly and effectively complete the registration process.

Patent in India

The Patents Act of 1970, amended in 2005 to align with global standards, governs the patent landscape in India. Under this Act, patents are awarded for novel innovations that are both inventive and industrially applicable, with a criterion of non-obviousness. The Indian patent application process comprises multiple stages, starting from filing the application, undergoing examination, and culminating in publication. Following examination, a claim may either be approved or rejected. Upon issuance, a patent confers upon its holder exclusive rights to manufacture, market, and utilize the invention for a specified period.

What Is Patent Registration?

Patent registration in India is a legally intricate process, entailing the acquisition of exclusive rights to an invention by its creator or owner. It is bestowed by the government for a defined duration, typically 20 years, aimed at preventing unauthorized making, using, or selling of the invention without the patent owner’s consent. In exchange, the patent owner is obligated to disclose all details and specifications of the invention to the public for further research and development. Vakilsearch offers online patent filing services with expert assistance.

What Can Be Patented in India?

Patent registration in India extends to inventions encompassing products, processes, and methods. This encompasses a broad spectrum, including but not limited to chemicals, pharmaceuticals, software, and advancements to existing innovations. However, for eligibility, the invention must meet the criteria of being novel, non-obvious, and industrially applicable.

What Kind of Inventions Cannot be Patented?

Patent registration in India prohibits the patenting of the following types of inventions:

  1. Discoveries of natural laws or scientific principles.
  2. Aesthetic creations such as literary, theatrical, musical, or artistic works.
  3. Methods or systems for mental activities, games, or business conduct.
  4. Inventions contravening morality or public order.
  5. Inventions posing potential harm to the environment, animals, or humans.

Importance of Patent Registration

Registration of patents in India offers numerous advantages, including:

  1. Granting exclusive rights to the inventor or owner of the invention.
  2. Ability to prevent unauthorized production, usage, or sale of the invention.
  3. Opportunity to sell, license, or otherwise transfer the patent.
  4. Ability to seek compensation and legal recourse against patent infringers.
  5. Encouragement of research, development, and innovation, all of which contribute to economic growth.

Eligibility Criteria for Patent Registration

To initiate the patent registration process in India, the following eligibility criteria must be met:

  1. Be the inventor or owner of the invention
  2. The invention must be novel
  3. The invention should not have been publicly disclosed
  4. The applicant must furnish a comprehensive description and specifications of the invention.

Documents for Filing Patent Registration Application

When submitting a patent registration application, the following documents are required:

  1. A comprehensive specification of the invention, elucidating its functionality and applications.
  2. If applicable, a provisional patent application.
  3. A declaration affirming the inventorship and ownership of the invention.
  4. Drawings and diagrams illustrating the invention, if necessary.
  5. Particulars of the applicant or owner of the invention

Forms Required to be Filed for Patent Registration Application

To complete the patent registration process in India, the following forms must be lodged with the Indian patent office:

  1. Form 1: This application form encompasses details concerning the applicant, the invention, and its claims.
  2. Form 2: Utilized to furnish particulars of any priority application filed by the applicant.
  3. Form 3: Used to provide details of the inventors of the patent.
  4. Form 5: Employed to furnish particulars of any government undertaking to which the patent is intended to be assigned.
  5. Form 26: Utilized to provide details of any exclusive marketing rights claimed by the applicant.

Where to File a Patent Application?

A patent application is lodged at the appropriate patent office by submitting Form-1 along with a provisional or complete specification and the requisite fee. The jurisdiction of a patent office is determined by several factors:

  • The applicant’s place of residence, domicile, or business, with priority given to the first mentioned applicant’s location in case of joint applicants.
  • The origin of the invention also influences the jurisdiction of the patent office.
  • If the applicant is a foreign entity without a presence in India, the designated address for service in India is considered.

Considering these factors is essential for the accurate and efficient processing of patent registration in India.

Mumbai Patent Office Jurisdiction

The Mumbai Patent Office oversees patent-related matters in multiple territories, including:

  • States: Gujarat, Maharashtra, Madhya Pradesh, Chhattisgarh, Goa
  • Union Territories: Daman & Diu, Dadra & Nagar Haveli

Delhi Patent Office Jurisdiction

The Delhi Patent Office has jurisdiction over several states and territories, including:

  • States: Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand
  • Union Territory: Delhi, Chandigarh

Chennai Patent Office Jurisdiction

The Chennai Patent Office manages patent-related affairs in multiple regions, including:

  • States: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu
  • Union Territories: Pondicherry, Lakshadweep

Kolkata Patent Office Jurisdiction

The Kolkata Patent Office has jurisdiction over several territories, covering:

  • States: Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh
  • Union Territory: Andaman and Nicobar Islands

These patent offices cover significant portions of India and are responsible for handling patent-related matters within their respective jurisdictions.

Drafting of Patent Application

Drafting a patent application is a multifaceted process demanding a profound comprehension of patent law and a comprehensive understanding of the invention. It necessitates clear and concise articulation, adhering to all stipulations of the Indian Patent Act, 1970.

Key Elements of a Patent Application:

  • Title: The title should succinctly depict the invention with clarity.
  • Abstract: Limited to 150 words, it provides a concise overview of the invention.
  • Description: This section offers a comprehensive explanation of the invention, detailing all necessary information for comprehension and implementation.
  • Claims: Defining the invention’s scope, claims should be clear, concise, and substantiated by the description.

Rules to Keep in Mind While Filing the Patent Application:

  • The patent application must be submitted to the Indian Patent Office.
  • It should be filed under the name(s) of the inventor(s).
  • Accuracy and completeness are paramount in the application.
  • Prescribed fees must accompany the patent application.

Steps: Patent Registration Process

The patent registration process in India comprises the following steps:

Step 1: Submit the patent registration application along with all necessary documents.

Step 2: Following submission, the application is published in the official journal, accessible to the public.

Step 3: Request evaluation of the patent application. Upon receipt of the examination request, the patent office reviews the application and issues a report on its patentability.

Step 4: If satisfied with the invention’s patentability, the patent office grants the patent to the applicant.

Will Patent Registration in India Protect My Invention Outside India as Well?

A patent registered in India is valid solely within the country, and the owner’s rights do not extend beyond its borders. However, to secure patent protection in other countries, the patent holder must file an application within 12 months of the Indian patent registration.

Types of Patent Application in India

In India, patent registration can be pursued through the following types of applications:

  • Ordinary Application: Filed directly by the applicant with the patent office, this is the most common type of application.
  • Convention Application: Filed by an applicant who has previously submitted a patent application in a convention country.
  • PCT International Application: Under the Patent Cooperation Treaty (PCT), this application is recognized in all member countries.

Validity Period of the Registered Patent:

The registered patent remains valid for 20 years from the date of filing.

What Is Patent Renewal?

Patent renewal involves prolonging the validity of a patent by remitting the designated renewal fee. It is imperative to settle the renewal fee before the patent’s expiry date.

Can a Patent be Revoked in India?

Yes, a patent can be revoked in India under various circumstances, including:

  • Non-payment of renewal fees
  • Non-utilization of the patented invention
  • Public interest considerations

What Is Patent Assignment?

Patent assignment denotes the transfer of patent ownership from the original proprietor to a new entity through a legally binding agreement known as a patent assignment agreement.

Facts About Patent Filing in India

  • India employs the first-to-file approach for patent registration.
  • The Indian patent office has branches in Mumbai, Delhi, Kolkata, and Chennai.
  • Patent applications in India can be submitted in English or Hindi.
  • Patentability in India hinges on the novelty, inventive step, and industrial applicability of the invention.

Non-Patentable Inventions in India

As per Sections 3 and 4 of the Indian Patent Act, the following inventions are not deemed patentable in India:

  • Frivolous or trivial inventions
  • Inventions contravening established natural laws
  • Mere discovery of scientific principles
  • Inventions primarily intended against law, morality, or public health
  • Abstract theories
  • Mere discoveries of new forms of known inventions lacking enhanced efficacy
  • Discovery of new properties or uses for known substances, unless leading to new products or involving new reactants
  • Mere admixture of known components or processes resulting in combined properties
  • Arrangement, duplication, or rearrangement of known devices functioning independently
  • Methods of agriculture or horticulture.

Patent Registration Cost in India

The official fee for filing a patent application is ₹1,600 for individuals, ₹4,000 for small entities, and ₹8,000 for large entities. Additionally, the cost of engaging an attorney to draft a provisional patent filing typically ranges between ₹20,000 and ₹35,000. If you aim to commercialize your invention, it’s advisable to seek patent protection. The necessity and scope of protection required depend on the nature of your invention and the markets you intend to operate in. Therefore, obtaining a patent is crucial for safeguarding your invention.

Recent Amendments in the Patent Act, 1970

The most recent amendments to The Patent Act, 1970 were enacted in 2019. These amendments brought about several significant changes, including:

  • Expansion of the definition of an invention to encompass software and business methods eligible for patent protection.
  • Extension of the patent term for pharmaceutical products from 20 years to 20 years plus an additional 5 years.
  • Introduction of expedited examination procedures for patent applications.
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