Trademark-Patent Registration

Overview

A full patent filing includes a detailed description of the invention, its claims, and necessary diagrams. The goal is to provide a comprehensive disclosure to the Patent Office for successful registration.

What is patent registration?

Patent Registration is a legal way for inventors to have exclusive rights over their creations. It protects their ideas from being used or sold by others without permission. In India, this process is managed by the Indian Patent Office under the Patents Act of 1970.

Benefit

Legal Protection: Patents give exclusive rights, stopping others from using, selling, or importing inventions without permission, and guarding against copying.

Market Edge: Patents provide a competitive advantage, letting inventors control their inventions, stand out from rivals, and possibly ask for higher prices.

Money-Making Chances: Patents draw investors, earn money through licensing, and boost a company's worth for mergers or partnerships.

Research and Innovation Boost: Patents encourage investing in research and development by giving inventors a temporary monopoly, supporting creativity, and aiding economic growth.

Eligibility:

You can apply for a patent registration for an invention if you are:

• The original inventor.
• The assignee of the original inventor.
• The legal representative of a deceased inventor or their assignee.

The term "person" in the Patent Act includes individuals, companies, associations, government bodies, etc., whether incorporated or not.

For sole proprietorships, the application should be in the proprietor's name.

In partnerships, all responsible partners' names must be in the patent application.

An assignee can be an individual, a registered company, an LLP, a Section 8 Company, an educational institution, or a government entity.

The applicant must provide the true inventor's name, address, and nationality.

Tax & Process

Documents Required

• A detailed description of your invention.
• Drawings or diagrams if applicable.
• Claims specifying the legal rights you are seeking.
• An Abstract summarizing your invention.
• A Prior Art Disclosure Statement for related inventions.
• The application form (Form 1) is in duplicate.
• If you filed a provisional specification, submit a duplicate of the complete specification within 12 months (Form 2).
• A duplicate (Form 3) listing foreign patent application info.
• Priority documents if directed by the Controller.
• A complete specification (Form 5) to declare inventorship.
• A Power of Attorney is filed through a Patent Agent.
• Required fees (cash, check, or demand draft).

Procedure

Prior Art Search: Conduct a search to ensure your invention is new and has not been previously published.

Application Preparation: Create an application with a description, claims, and an abstract of your invention.

Application Filing: Submit the application to the Patents Office, paying the required fees.

Examination: The application is reviewed to confirm it meets formal requirements and is a new, non-obvious invention.

Publication: If patentable, your invention is published in the Patents Office Journal.

Opposition Period: Interested parties can oppose the patent within six months

FAQ's