What is the Requirement of Patent Registration in India?

A patent is the granting of a property right by an autonomous authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a specific duration in exchange for a comprehensive disclosure of the invention. Online Patent Registration in India is an easy process to register and obtain a patent within few days. A patent is a license provided by a Government Authority conferring a right or title for a duration, especially the sole right to exclude others from making, using, or selling an invention.

What are the types of Patents?

Patents are categorized into six types issued by the United States Patent and Trademark Office (USPTO).

1. Utility patents — Utility patent is a patent offered to the individual who invents a new and innovative process.
2. Design patents — Protection offered on the new, original design of a manufactured product. A design patent is valid for a duration of 14 years. A Design patent is usually utilized on designs of Jewelry, Furniture designs, Automobiles designed in different ways, packaging, brand logo, etc.
3. Plant patents — Plant patents are given to the individuals who invent and produce a plant that has the potential to reproduce.

Significance of Patent Registration

1. Provides a Legal Protection to Invention: Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered, then the invention will not be legally protected and there are high chances of it being copied.
2. Grants Transferable Rights: Patent Registration provides the patentee a right to sell or transfer a patent because selling off the patent means an increase in revenue.
3. Provides a validity for 20 years: After a successful Patent Registration, the invention holds validity for a period of 20 years.
4. Gives Competitive Advantage: Patent Registration offers a competitive advantage to businesses. Businesses selling similar products will not be able to use the patented invention.
5. Asset Creation: Patent is an Intellectual Property Right, thus, Patent Registration is given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.

Patent Registration Process Steps in India

Registration of a Patent is crucial as it comes with many benefits for the inventor. Patent Registration Process in India is a process in which an application is filed with the concerned authority. Other rules with regards to registration is followed as per The Patents Act, 1970.

Below mentioned are the steps compulsory for registering a patent online.

1. Filling an online application (E-filing) before which the applicant must obtain a digital signature(DSC).
2. The application must enter his login details, login ID and password on the Patent Registration office portal.
3. After the application is received, the date and serial number is provided to the applicant.
4. All the documents along with the application must be digitized, authorized and uploaded to the server of the office.
5. Once the application is filed, the controller evaluates the application and ensures if the application and other documents are fulfilling all the requirements as per the Act.
6. Once the application and the documents are approved, Patent will be granted to the applicant.

Steps that must be followed for Patent Registration

1. File an application for the Patent Registration- The first step in the Patent Registration process is to file an application providing the details with regards to the invention in correspondence of the intellectual property department.
2. Review of the Patent Application- Once the applicant submits the application, it will be examined by the patent officer. If the idea is unique and falls under the legal requirements of the registration criteria, the patent certificate will be granted.
3. Patent Grant-Once the patent office completes their verification process, the status of the application on the website of the Government of India, Department of Industrial Policy and Promotion and the Ministry of Commerce and Industry. The duration for receiving the patent registration certificate is one year.

Documents required for Patent Registration

1. An Application is filed in Form-1,
2. Details in Form-2 however if not available then Provisional Specification,
3. Preparation of Statement and Undertakings in Form-3,
4. A declaration from the inventor as to inventorship in Form 5,
5. A proof from the inventor with regards to the right in order to file a Patent Registration application,
6. If a Patent Registration application is filed by the patent attorney, then the power of authority in Form-26,
7. If the applicant is filing a convention application or PCT national phase application, he has to file priority documents along with the application within 18 months from the priority date,
8. National Biodiversity Authority permission is a crucial requirement that must be submitted if the application is related to biological material obtained from India.
9. The source of origin of biological materials utilized in the specification must be clearly mentioned in the Patent Registration application form.
10. The patent Registration application must be signed by an applicant/ Patent attorney with the name & date and other details must also be signed on the last page along with the date.

Forms that must be filed in the Patent Registration Application

Source: https://medium.com/@singhparul/what-is-the-patent-registration-requirement-in-india-240c0b0765e4