Patent Registration in India
Looking to secure your innovative ideas? Turn to Sailakshmi Patent Services, the forefront of patent filing services in India. Our expert team simplifies the intricate patent application filing process, ensuring your intellectual property is protected.
Patent Filing Services in India.
With a deep understanding of the PCT filing procedure in India, we guide you seamlessly through the entire journey. Experience the convenience of online patent filing in India through Sailakshmi IPR Consultant’s user-friendly platform. Safeguard your creations with confidence – entrust Sailakshmi IPR Consultants Patent Services for comprehensive patent registration solutions.
Your ideas deserve the best protection, and we’re here to make it happen.
Overview of Patent Search in India
A patent search is a meticulous investigation of existing patents and published documents to determine the novelty and patentability of an invention. It helps inventors and businesses make informed decisions about pursuing patents for their innovations.
PRIOR ART SEARCH:
A prior art search involves scouring existing patents, literature, and public disclosures to identify any pre-existing technologies or ideas related to a specific invention. It’s essential to assess an invention’s novelty and determine if it’s worthy of patent protection.
FTO (FREEDOM TO OPERATE):
FTO search, or Freedom to Operate search, ensures that a product or service doesn’t infringe on existing patents. It helps companies avoid legal disputes and ensures they can freely manufacture and sell their innovations without violating others’ intellectual property rights.
INFRINGEMENT ANALYSIS:
Infringement analysis assesses whether a product or technology violates existing patents. It involves a detailed comparison of the claims within a patent and the features of the potentially infringing product, potentially leading to legal actions or licensing negotiations.
INVALIDATION SEARCH:
An invalidation search aims to uncover prior art that could challenge the validity of an existing patent. It assists parties in disputes by revealing potential weaknesses in patent claims, which could lead to patent invalidation through legal proceedings.
LANDSCAPE SEARCH:
A landscape search provides a comprehensive view of the technological and patent landscape within a specific field. It helps businesses identify trends, competitors, and potential areas for innovation by analysing existing patents and emerging technologies.
Eligibility of Patent Filing in India
- You must be the true and first inventor of the invention.
- The invention must be new, involve an inventive step, and be capable of industrial application.
- The invention must not fall into any of the categories of inventions that are not patentable in India, such as discoveries, literary works, and schemes or methods of doing business.
- If you are not an Indian citizen, you may still be eligible to file a patent application in India if you have a residence in India or if your invention is of significant benefit to India.
Patent Specifications in India
Patent protection grants a temporary exclusive right to prevent others from using your invention. This exclusivity is granted in return for publicly revealing the invention. A patent specification serves as the formal document for this public disclosure and defines the boundaries of the granted exclusivity. To achieve these objectives, a patent specification usually comprises the following components: a detailed description of the invention, one or more specific claims, and, when applicable, illustrations or diagrams illustrating the invention. Further details about these sections are elaborated below.s nec ullamcorper mattis, pulvinar dapibus leo.
Types of Patent Application in India
- ORDINARY APPLICATION: An ordinary patent application is the most common type filed with a national patent office. It is used to seek protection for a new invention within a specific country’s borders. Once granted, it provides exclusive rights to the inventor within that nation, typically for a set period, during which others cannot make, use, or sell the patented invention without permission.
- PATENT OF ADDITION: A patent of addition is filed to protect improvements or modifications made to an existing invention that is already patented. It provides additional protection without the need for a separate patent. This type of application is often used to safeguard incremental innovations related to the original patented invention
- PCT APPLICATION: A PCT (Patent Cooperation Treaty) application is an international patent application that provides a streamlined process for seeking patent protection in multiple countries simultaneously. It serves as a placeholder for national patent applications and extends the time frame for deciding in which specific countries to pursue patent protection.
- CONVENTION APPLICATION: A convention application, also known as a priority application, is filed based on the priority claim of an earlier application (usually an ordinary application) filed in another country. It allows the applicant to establish an earlier filing date for their invention, which can be crucial in determining patent rights in multiple countries.
- DIVISIONAL APPLICATION: A divisional application is filed when a single original patent application covers multiple inventions. It allows the applicant to separate and pursue patent protection for distinct inventions described in the initial application. This helps ensure that each invention receives proper consideration and protection.
- NATIONAL APPLICATION: A national patent application is submitted directly to a specific country’s patent office to obtain protection for an invention within that nation. It is the traditional way of seeking patent protection and typically follows the laws and procedures of the respective country.
- INTERNATIONAL APPLICATION: An international patent application, often made under the PCT, is a means to initiate the process of seeking patent protection in multiple countries. It streamlines the initial filing and examination stages, making it more cost-effective and efficient for inventors seeking international patent rights. However, it does not grant a global patent but rather a pathway to pursuing protection in individual countries.
Patent Registration Process in India
Search
Conducting a comprehensive prior art search to assess patentability.
Drafting and Filing
Creating a patent application and submitting it to the patent office.
Publication
Making the patent application details public after a certain period.
Examination
Reviewing the patent application for compliance with patent laws.
Response to Examination Report
Addressing and resolving issues raised in the examination report.
Hearing
Participating in a formal hearing to defend the objections raised with respect to the patent application.
NBA (National Biodiversity Authority)
Complying with regulations related to biodiversity while patenting.
Statement and Undertaking
Provide a statement which includes the details of countries and other required details if the same Patent application is filed in any other country.
Statement of Working of Patent
Reporting the details of the patented invention which is being utilized.
Obtaining a Certified Copy
Acquiring an official certified copy of the patent application or patent.
Amendment of the Patent Application and Patent
Making necessary changes to the application or granted patent.
Patent Annuity Fee
Paying periodic fees to maintain the validity of the patent.
Overview of Patent Opposition (Optional Procedure)
- PRE GRANT OPPOSITION: Pre-grant opposition is a legal mechanism in intellectual property law that allows third parties to challenge the grant of a patent before it is officially issued. This process aims to ensure that patents are granted only for truly innovative and novel inventions, promoting fair competition.
- POST GRANT OPPOSITION: Post-grant opposition is a procedure in intellectual property law that permits third parties to contest the validity of an already granted patent. This mechanism provides a means to rectify errors or challenge patents that were wrongly granted, enhancing the overall integrity of the patent system.
Patent Prosecution
When we talk about patents, “prosecution” signifies the ongoing process leading to a specific outcome. Specifically concerning patent prosecution, it denotes the journey of a filed patent application within the patent office until it culminates in a grant. Essentially, prosecution encompasses the sequence of events bridging two defined timelines: the application submission and the grant issuance. A well-crafted patent application, fortified with robust patent claims, serves as the initial stride in the patent application process within India. Governed by the Patents Act of 1970, this legislation forms the cornerstone regulating patent applications within India’s filing framework. Depending on the applicant’s location, submissions may be made to either the local branch or the headquarters of the Indian Patent Office. Achieving patent grant status entails expenses encompassing government charges for forms and renewals, along with the professional fees of legal experts or agents assisting the applicant.
Pre-Filing Procedures for Patent Prosecution
Before initiating patent prosecution in India, certain preliminary steps lay the foundation for a streamlined process. Sailakshmi IPR Consultants ensures a meticulous approach to each phase, offering comprehensive guidance and expertise.
Disclosure of the Invention
An essential initial step involves signing a non-disclosure agreement between the professional and the inventor. Post-agreement, complete details of the innovation are handed over to the professional for further actions.
Search for Patentability
Thorough research conducted by the professional determines the existence of similar work or inventions, establishing the patentability of the innovation.
Decision to Submit Patent Application
An informed decision follows an investigation into the innovation's eligibility as per patent law provisions, guiding the subsequent course of action.
Patent Proposal
Crafting the patent application stands as a pivotal step. Applicants can opt to draft the request themselves or seek assistance from adept patent agents or lawyers. This application initiates subsequent processes.
Publication
Patent applications in India undergo publication 18 months post-filing or priority date, or upon request, unless confidentiality is imposed. While rights are granted upon publication, they are exercisable post-patent grant, subject to the Limitation Act, 1963.
Pre-Grant Opposition
Interested parties can oppose a patent application from its publication until its grant, provided a request for examination is filed. Granting is withheld until objections are resolved.
Examination of Patent Application
Requesting examination within 48 months of submission or priority triggers substantive examination. Examination reports and necessary specifications are communicated via email or post, as per provided contact details.
Patent Grant
Upon resolving objections and fulfilling legal requirements, the Patent Office issues an acceptance notice, followed by the issuance of Letters Patent documents to the applicant via mail.
Post-Grant Opposition
Any concerned entity can oppose a patent grant within 12 months of its publication in the Patent Office Journal.
Patent Duration and Renewal
Patent validity spans 20 years from the filing date, requiring renewal fees from the third to the 20th year. Non-payment within specified timelines results in automatic revocation.
Fees Involved in Patent Prosecution
A revamped fee structure under the revised Patent Rules categorizes applicants into different fee brackets, including small entities, natural persons, and others.
Time for Patent Grant
The patent grant process in India typically spans 5 to 7 years but can be expedited under specific conditions, like 'start-up' status or International Searching Authority designation.
Expedited Patent Prosecution
The recruitment of additional examiners aims to reduce the patent grant timeline. Procedural changes, including shortened response deadlines and hearing protocols, seek to expedite the examination process.
Sailakshmi IPR Consultants remains committed to simplifying and expediting the patent prosecution journey, leveraging comprehensive knowledge and updated strategies to facilitate a swift and efficient process for clients.
Patent Watch
Once you’ve obtained patent rights, the next crucial step is to actively monitor them through patent watching. This ongoing practice involves regularly tracking newly issued or published patents, typically on a quarterly or monthly basis. Employing patent watching is a valuable strategy to stay informed about the latest technologies and recently granted patents.
F.A.Q.
Conducting a patent portfolio analysis helps pinpoint a company’s product, market, and technology strengths, weaknesses, opportunities, and threats (SWOT). In a rapidly evolving tech landscape, delays in this analysis can render a substantial part of the portfolio outdated.
Patent Renewal in India involves paying fees on specific dates, including the initial renewal deadline and subsequent ones. Annuities are not required during the application process; the first annuity is paid one year after the grant following the filing date.
Assessing a patent’s worth is crucial for businesses, particularly in mergers, acquisitions, dissolution, bankruptcy, and infringement assessments. To determine a patent’s value, it’s essential to gauge the potential return on the invention it protects. Assigning a monetary value to patents, being intangible assets, can be challenging. The prevailing method for patent valuation is typically the economic analysis approach.
The Indian Patents Act of 1970, hereafter referred to as the Act, grants exclusive rights to patent holders for inventions, whether they involve a product or a process. These rights prohibit third parties from using, exploiting, selling, or importing the patented invention without the patentee’s consent during the patent’s 20-year registration period.
In India, under Section 39 of the Patents Act, 1970, if an Indian resident intends to file a patent application directly in a foreign country without filing in India first, they must secure a Foreign Filing License (FFL) from the Indian Patent Office (IPO). An FFL is written permission from the IPO for such filings.