Overview
Patent registration in India are legal rights given to inventors through registration, allowing them to have ownership and exclusive access to their inventions. It protects their ideas from being used or sold by others without their consent. This process is regulated by the Indian Patent Office through the Patents Act, 1970, which is primary to India.
Advantages of Online Patent Registration in India:
- Legal Protection: Patent registration grants exclusive rights to patent holders, helping them to block others from using, selling, or importing their invention without permission while according them the protection from copying.
- Market Edge: Owning a patent gives a competitive advantage: Whoever invents and controls his invention can differentiate himself from competitors and charge a higher price.
- Never-Ending Money-Making Opportunities: Investors are attracted to patent registration in India, which can be monetized through licensing and add to the acquisition or collaboration value of the company.
- Patents incentivize research and innovation: Patent registration in India gives inventors a limited monopoly in exchange for disclosing their inventions, which incentivizes both research and development as well as innovation and economic development.
Eligibility:
In case you want a patent registration for an invention, you may do it if you’re:
- Assignee The original inventor assignee
- The executor or assignee of a deceased inventor.
The Patent Act broadly defines the term “person” to include a natural person, a corporation, an association, a government agency, and “other artificial entity, whether incorporated or unincorporated.”
- If a partnership, the names of all responsible partners must be displayed on the patent application.
- The assignee can be an individual, a registered company, an LLP, a Section 8 company, or an educational or governmental entity.
- True inventor name and address—the name, address, and nationality of the true inventor shall be given by the applicant.
Tax & Process:
There are some significant procedures involved in the patenting process in India, such as:
- Patent search: Check the patent database for existing patents covering your invention.
- Filing of Application: Filing of a complete application containing detailed disclosure of the invention with claims specifying the protection you want to obtain and drawings, if necessary, with the Indian Patent Office.
- Once filed, the application undergoes a substantive examination in accordance with patentability requirements (i.e., novelty, inventive step, and industrial applicability).
- Freedom to operate: If all of the above requirements are met, IPR is granted, and a patent is registered for a period of 20 years from the date of filing.
Online Patents registration have relatively low official fees for patent filing and examination. However, remember that there can be other expenses for professional services (like employing a patent lawyer to draft and file the application). Depending on the complexity of your invention and the level of expertise of the advisors, fees for these services will vary.
Documents Required for Online Patent Registration in India:
- Detailed description of what your invention is
- Draw, or do a diagram, if applicable.
- Details of legal claims made against you.
- A short summary of your invention in 150 words or less.
- A Declaration of Prior Art for tracking related inventions.
- Application Form (Form 1) (In Duplicate).
- If you filed a provisional specification, you must file a copy of the full specification within 12 months (Form 2).
- Entities with foreign patent application data (Form 3)
- Documents of priority as directed by the Controller.
- The patent agent will file a power of attorney.
- Payment of fees can be made only through cash, cheque, or demand draft.
Proprietorship Registration
