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Patent Registration

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Patent Registration

Patent can be defined as an exclusive right granted to the inventor to exclude others from using the patented invention without the permission of the inventor. A patent is an intangible asset valid for a limited time span from the date of invention.
Under the Indian patent law, a patent can only be granted for an invention which is new, significant and useful.

Advantages:

  • 1. A patent acts as a strong tool for business by companies to obtain an exclusive right over a product or a process.
  • 2. It is helpful in international trade.
  • 3. It protects the legal rights of the inventor.
  • 4. Patent encourages new inventions thereby updating industrial inventions.
  • 5. It provides equal advantage to both the producers and the users of invention.

Process of Registration:

  • The first step in the patent process is protection of the idea or invention in both soft copy and hard copy.
  • The second step is a non-disclosure agreement before disclosure of idea by the inventor to an agency or professional
  • The third step is to take a patentability search to know whether the invention is capable of being patented or not.
  • The forth step is drafting of a patent application (provisional or complete).
  • Then comes the filing of the patent application along with the application forms such as FORMS 1, 2, 3, 4, 5, 26 and 28 with the Government office.
  • The patent is published in the official patent journal after 18 months from the date of filing the application
  • Then the request for examination of patent is made by the inventor in form 18(Form 18A for faster review).
  • A written response is to be submitted by the patent owner to indicate that the patent satisfies all the required patentability criteria.
  • If the examiner is satisfied with the invention that it meets all the criteria then the patent is granted to the inventor and published in the 'Official Patent Gazette'.
  • The last step is renewal of the patent granted at specific intervals.

Documents Required:

  • Form - 1 for filing of patent application
  • Form - 2 for complete specification.
  • Form - 3 for statement and undertaking.
  • Form - 4 for a request made to the Controller.
  • Form - 5 for declaration of ownership.
  • Form -26 for Power Of Attorney if the application is being filed by the agent of the inventor.