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Patent Complete Registration

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Patent Complete Registration

Intellectual property refers to the creative aspects of the mind such as inventions, literary and art works, designs, symbols, images, etc., that are protected by law. There are different methods in which one can protect the intellectual property. Patents, copyrights, trademarks, etc. are examples of intellectual property protection methods.

Patent is a license or permit authorized by the government conferring a legal right for a period of time. The main right is the sole ownership of the product and excluding others from making, using, selling or importing the patented product without the consent of the owner.

A patent is usually granted to an inventor to protect its invention. An invention implies a new product or process involving creativity and applied to or capable of industrial application.

A patent is granted to an invention if it meets the following criteria:

  • Novelty: The invention has to be new and cannot be a part of prior state of work, implying that it must not have been published, presented or revealed publicly.
  • Inventiveness: This is a feature of invention that involves the advancement of the existing knowledge or state or work that is strikingly evident to any person.
  • Utility: An invention must be applied to or applicable in industrial process.

Therefore, an invention that can be manufactured, used and reproduced is granted patentability.

There are three types of patents:

  • Utility patents: It is granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof
  • Design patents: It is granted to anyone who invents a new, original, and ornamental design for an article of manufacture
  • Plant patents: It is granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant

Reasons to obtain Patent Registration

Patent registration is required for many reasons.

  • It gives legal rights over the product or process invented
  • It reduces tax rate on patented products
  • Patenting a product gives the inventor an intangible asset and related rights and actions that come with it
  • It gives the inventor an edge over its competitors

Documents Required for Patent Registration

A patent application has information regarding the specifications with respect to all aspects of the invention.

Following documents are required along with patent application form:

  • Applicant’s identity and address proof
  • Inventors’ identity and address proof
  • Complete specifications
  • Description, claims, abstract and drawings, if any
  • Details of all corresponding foreign applications, including application number, date of filing and current status

Process of Patent Registration

  • Patent search is the most important step. All inventions are not patentable. Check if the patent meets all the criteria of patentability and whether it can be a patent or not.
  • File a patent application form either by self or with the help of a professional if the invention can be patented.
  • File the supporting documents with complete details of the invention such as:
  • Area and nature of the invention
  • Invention description
  • Working of the invention
  • Advantages
  • Drawings, plans, diagrams, sketches, etc. of the invention
  • After filing for patent with complete specifications, the application is published after 18 months of first filing. An early request for publication can be made with prescribed fees to make the publication of application as early as one month from the date of filing for early publication.
  • An examination of the application is carried out after a request for examination is filed.
  • The examiner checks for the patent eligibility and if the criteria are met such as novelty, inventiveness, utility, etc.
  • The examiner creates a report called patent prosecution and submits to the controller. Everything that happens before the grant of patent is called patent prosecution.
  • The controller checks the report for any objections and gives the applicant extended time to analyze and correct the objections.
  • The applicant has the chance to prove his novelty and create a strong satisfactory report to resolve the objections.
  • Once the objections are resolved, the patent is granted to the applicant and published in the patent journal.

Frequently Asked Question

How long does it take for patent registration?
The proprietorship must be closed within three months of incorporating of the Private Limited Company.
How long is a patent valid for?
A patent is valid for 20 years from the date of filing.
What are the criteria for an invention to be patented?

There are three main criteria to be met for an invention to be patented. They are Novelty, Inventiveness and Utility.

What is a patent?
Patent is a license or permit authorized by the government conferring a legal right for a period of time.
What are the types of patent applications?

There are 5 types of patent applications:

  • Provisional application
  • Complete application
  • Convention application
  • Patent Cooperation Treaty (PCT) – International application
  • Patent Cooperation Treaty – National Phase application
What are the types of patents?

There are three types of patents, namely Utility patents, Design patents and Plant patents.

What are the types of patent applications?

There are 5 types of patent applications. They are:

  1. Provisional application
  2. Complete application
  3. Convention application
  4. Patent Cooperation Treaty – International application
  5. Patent Cooperation Treaty – National application
How long is the provisional patent application valid for?

There are three types of patents, namely Utility patents, Design patents and Plant patents.

How long is a complete patent application valid for?

There are three types of patents, namely Utility patents, Design patents and Plant patents.

What is Convention application?

There are three types of patents, namely Utility patents, Design patents and Plant patents.

What is PCT?

PCT is an international patent law treaty that provides a simple and economical procedure for applicants seeking patent registration in many countries.

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