Patent Registration is an exclusive right for any new invention of an Inventor which is being given by the government after submission of the description by the Inventor. Through this authorization, he has an exclusive right to produced, manufacture and sells his product. However, the authorization is provided for a limited period of time and he has to publically disclose his invention. A patent is governed by the Patent Act of 1970. The authorisation is granted to provide protection to the invention of the inventor. A patent can a process, service or product which shall be an original invention and it provides protection from the competitors.
It order to recognize anything patent some requirements needs to be fulfilled which are as follows
The invention of the inventor must novel in nature. This simply means that it should be new and shall never been seen, made or used by anyone else. It should contain the characteristic which never been brought in the knowledge of the public. This is also known as Prior Art.
- Inventive Step:
The invention made or produce by the inventor should involve inventive steps ie., it should be something original and new. It should not be any art which is already known to the public. It is something which an ordinary person having skilled and good knowledge cannot create or produce.
- Industrial Application:
Now this is a very important step, the invention of the inventor must have an industrial application. It is something which can be create or used by the industry.
- Patentable matter
Further, it is to be noted that the invention of the inventor must be patentable in accordance with law.
After knowing what can be registered and what cannot, now let’s understand the process of registration of Patent. As already discussed, Patent is governed by the Patent Act of 1970. The application can be filed through 2 ways, one is to file the application yourself which will be difficult as in may be the case that you do not have any information and/or knowledge about the patent. The other case can be filing the application through the help of professionals of patent. They may charge a bit however, it is advisable to file the application through them only as they have knowledge and experience in that field.
HERE IS A STEP BY STEP PROCEDURE FOR PATENT REGISTRATION
Step 1: Search over the portal i.,e check Patentability/Novelty Search;
Step 2: Drafting of Patent application
Step 3: Filing of Patent application alongwith documents
Step 4: Publication of Patent
Step 5: Request for examination and Examination Report issuance from department
Step 6: Attending of Hearing with the Controller
Step 7: Grant of Patent
1) Search over the portal i.,e check Patentability/Novelty Search;
This is the first step of Patent registration, it is always advisable to first conduct a Patent search over the portal of Patent as in number of cases where the application for Patent registration is filled directly without any search and some other similar invention are found which results in hardship prior to registration of Patent. Hence, it is safe to first conduct comprehensive search over the portal in order to save time and efforts in future.
2) Drafting of Patent application
After conducting the research and making yourself satisfied, you need to prepare an application for Patent in techno-legal language where you need to share the specification. Here you need to specify everything in detailed manner with examples and working of your invention and the method. The application for Patent registration can be filed with and without claim. Without claims is the provisional specification and with claims is the complete specification.
3) Patent Application Filing
One the application for Patent is prepared the same is to be submitted with the patent office. In application either provisional or complete specification can be filed, if you have filed the provisional specification then complete specification shall be filed within a period of 12 months from the date of filing of application. It is to be noted that there are various kinds of application which can be filed with Indian Patent Office. It can be Ordinary application (Normal application), PCT (National Phase Application), PCT (International application), Convention application, Divisional application and Patent of addition application.
4). Publication of Patent Application
Once the application for Patent registration has been filed then after the expiry of 18 months from the date of filing the application of Patent registration or date of priority (whichever is earlier) the application for Patent registration shall be published in an official journal where the public can see and raise objection if any.
Step 5: Examination Report issuance from department after request of examination is made
It is to be noted that a request for examination of shall be made by the inventor for examination of the Patent, the same shall be made within a period of 48 months from the date of filing of application for Patent registration. Once the request is being made the examiner examines the application for Patent registration and may issues an examination report containing the list of objections raised by the examiner. The response to the examination report must be filed within a period of 12 months from the date of issuance an examination report.
6) Attending of Hearing with the Controller and Grant of Patent
Once the response has been filed with the Patent office, he may calls for hearing to understand the Patent and once satisfied with your submission he will grant the Patent. He may also reject the application if he is not satisfied with the submission being made by you, that is why it is always advisable to take the help of the professional.
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