WHY PATENT REGISTRATION
A patent is an exclusive right granted by the government of India to an inventor for his invention for a limited period of time. The inventor can register his patent with the Comptroller of Patents at the Indian Patent office for the product or the process. The registration allows the inventor to have special rights to use the product he invented.
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PREREQUISITES TO REGISTER A PATENT
- NOVELTY: The product invented must be new to the industry, never been used or made before which an ordinary man cannot create. It must be new to public knowledge.
- INVENTIVE STEP: The term Inventive step means that it must not be obvious. The product invented should not be a one that can be deduced by a person skilled in that technique.
- UTILITY: The product must be a useful one and it must have a commercial purpose.
- INDUSTRIAL APPLICATION: The invention must be capable of being used in an industry
- NOT COMMERCIALLY USED OR DISCLOSED: The product before registering for a patent must not be a one already used for commercial purposes or disclosed to the public.
- COMPLIANCE WITH LAW: The invention must be patentable in accordance with the existing law.
WHO CAN APPLY FOR A PATENT REGISTRATION
A true and first inventor of the product, the authorized agent of the inventor or at times even legal representative of the inventor can apply for registration of the patent.
ADVANTAGE OF PATENT REGISTRATION
- LEGAL PROTECTION: A registered patentee can approach the court in case of infringement claiming damages. But this facility is not available for an unregistered inventor.
- EXCLUSIVE RIGHTS: The registration allows the patentee to have exclusive rights to use, explore and transfer the product for commercial usage and gain profits.
- GLOBAL PROTECTION: Though the registration of a patent is only valid in India it can be used as a basis for registration of a patent in any other part of the world.
- VALIDITY: When the applicant file complete specification after 12 months from the date of provisional registration the patent will be registered which provides special rights to the patentee for 20yrs from the date of registration and later it has to be released to the public domain.
- CREATES MONOPOLY: The competitors who sell similar goods cannot benefit from the invention of the patentee. All the right to use the product commercially vests with the patentee.
- CREATION OF ASSET: The product that is registered as patent becomes an intellectual property which is an asset that can be sold, franchised or contracted for commercial purposes.
DOCUMENTS REQUIRED
IDENTITY PROOF OF THE APPLICANT ( Driving license, voters ID, Aadhar card, ration card or passport).
- Abstract/Details of the invention to be submitted in a CD or pen drive.
- Form 1 (Application for grant of a patent).
- Form 2 (Provisional/Complete specification).
- Form 3 (If the application is made in a foreign country along with this application).
- Form 5 – Declaration as to inventorship (only to be filed along with the complete application).
- Form 26 – Form for authorization of a patent agent ( when an agent is applying on behalf of the inventor).
- Form 28 – (in case the applicant is a start-up or small entity).
Priority documents (when the registration on the basis of any foreign registered patent intending to enter
Indian market).
