Patent Registration

PATENT REGISTRATION

A patent registration helps in getting an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return, the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over another person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.

A patent does not long for a lifetime. After a period of 20 years, it falls under the public domain. The invention can be anything such as process, art, a method to manufacture, particular apparatus, the machine, computer software, technical application, chemicals or drugs. Patent registration can be done through CAJodhpur in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.

STEPS FOR PATENT APPLICATION

Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for a public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly.

Step 1: Patent search- A thorough search is performed for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, then the patent is not granted. Patent search saves you from the effort of going through the year long registration process. You can stop if the patent is already registered.

Step 2: Patent domicile – Patent which is registered in India is only valid for India. It protects your invention in India only and does not apply to other countries. There is the possibility to protect your invention in other countries as well. For same, you need to apply for a separate application in each country.

Step 3: File Patent application – An application should be filed with the department before disclosing all the details about your invention.

Step 4: Patent Review – The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on a similar idea. If they find the invention unique and patentable, then they grant the patent for the application.

Step 5: Patent Grant – Once the patent is granted, the application status is updated online at the Patent site. It can take from 6 months to even 1.5 years for a patent certificate to be granted.

CRITERIA FOR FILING A PATENT

Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.

Inventive Step/Non-Obvious: If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.

Industrial Applicability: Invention should be useful, such that it can be used in an industry.

WHY PATENT REGISTRATION

1. Get royalty by licensing your patent
2. Protection for a period of 20 years in India
3. You can then utilize your invention yourself.
4. Stop others from using your invention without your permission