Patent Complete Registration
Intellectual property refers to the creative aspects of the mind such as inventions, literary and artworks, designs, symbols, images, etc., that are protected by law. There are different methods in which one can protect intellectual property. Patents, copyrights, trademarks, etc. are examples of intellectual property protection methods.
A patent is a license or permits 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 the prior state of work, implying that it must not have been published, presented or revealed publicly.
- Inventiveness: This is a feature of the 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 the 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, the 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 the 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
Process of Patent Registration
- A 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
- Drawings, plans, diagrams, sketches, etc. of the invention
- After filing for a 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.
Required Documents for Patent Complete Registration
In regard to Patent Complete Registration following documents are need
Applicant’s identity and address proof
Inventors’ identity and address proof
Description, claims, abstract and drawings, if any
Details of all corresponding foreign applications, including application number, date of filing and current status
The proprietorship must be closed within three months of incorporating of the Private Limited Company.
A patent is valid for 20 years from the date of filing.
There are three main criteria to be met for an invention to be patented. They are Novelty, Inventiveness and Utility.
Patent is a license or permit authorized by the government conferring a legal right for a period of time.
There are 5 types of patent applications:
Patent Cooperation Treaty (PCT) – International application
Patent Cooperation Treaty – National Phase application
There are three types of patents, namely Utility patents, Design patents and Plant patents.
The provisional patent application is valid for the one full year from the application filing date.
The complete patent application is valid for 20 years.
The patent application filed according to the terms of an international patent treaty like the Patent Cooperation Treaty is called the convention application.
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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