Patent Registration

Patent Registration

In India, inventors can obtain patent registration to protect their innovations. A patent is a legal grant that provides exclusive rights to individuals or businesses, preventing unauthorized manufacturing, usage, sale, or import of the patented invention or process. Patent protection is essential for safeguarding intellectual property and ensuring creators maintain control over their inventions. Although the patent registration process in India can be complex and time-consuming, leveraging expert assistance can help streamline the process for a hassle-free experience.

What can be Patented

According to the Patent Act, an invention must be a new product or technique that incorporates an inventive step and can be used in the industry in order to be patentable. An invention must be technical and meet the following requirements in order to be patentable.

  • Novelty - The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.
  • Inventive Step - The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.
  • Industrial Applicability - Invention should possess utility so that it can be made or used in the industry.
    • Eligibility for Patent Registration

    A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

  • The true and first inventor.
  • True and first inventor’s assignee.
  • The representative of the deceased true and first inventor his / her assignee.
  • According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
  • In the case of a proprietorship firm, the application should be made in the proprietors' name.
  • In partnership firms, the names of all personally responsible partners must be included in the patent application.
  • An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
  • The applicant is required to disclose the name, address, and nationality of the true and first inventor.
    • Documents Required for Patent Registration
  • Patent application in Form-1.
  • Proof of right to file application from the inventor.
  • The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form-2 within 12 months of filing of provisional specification.
  • Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
  • Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
  • Power of authority in Form-26, if patent application is being filed by a Patent Agent.
  • In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
  • Priority document must be filed in the following cases: Convention Application (under Paris Convention). PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled.

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