Why should you file Online Patent Registration Applications in India?

Inventor files Patent application to protect its invention from being misused or stolen. Patent registration is a fairly complicated deal; however, with legal guidance, it can be done with ease. A patent is a right granted to an inventor to protect his inventions, and no third party or outsiders can make, use, import, sale, or otherwise deal with the patented invention without the permission of the owner.

Patent Act 1970 governs and monitors Patent registration and its operations in India. A patent is filed for any invention, whether it is any process, method, machinery, software, technical applications and formulas, chemical, drugs, etc. 

Patent encourages inventions or innovations by safeguarding the interest of the owner, and once the invention is protected, he or she becomes the exclusive owner of his invention. The process of online patent registration in India is discussed in this blog henceforth.

Advantages of Online Patent Registration in India

Following are pros to get your inventions patented in India:

• Invention or product once patented improves brand perception and enhance the overall potential of the business
• Patented products are preferred over unregistered, and thus business gets the benefits of increasing the business by reducing the rivals for years to come
• The registered patent owner can control his invention for about 20 years
• The owner can sale his patented invention or grant the same on lease or rent to a third party for using it

The detailed process of Online Patent Registration in India

Online patent registration in India can be obtained by following below-stated steps:

• Start the process by jotting down the patent specification. Pen down the idea by mentioning key details about invention. As mentioned above, the patent application can be trickier and full of queries. Thus to get it done with ease, one can hire an attorney who can visualize the idea through diagrams
• Thereafter authorized patent professional or patent agents shall carry on the extensive research to prepare patentability report that contains analysis based on above-mentioned criteria
• It is also advisable to file a provisional patent application before filing the final application since it helps in securing data and work, and no competitor can file the same invention whose provisional application is filed.
• Thereafter patent application is published for 18 months to receive patent objections if any
• The patent officer examines the application and releases its first examination report known as patent prosecution
• Once the examination is done, and objections are resolved, the patent application is approved, and the inventor is allotted with the Patent Registration Certificate that remains valid for 20 years.

Types of online patent registration in India

Most Common Types of a patent application filed in India are as follows:

• Ordinary: Such an application is filed without claiming any priority from the application, or there is no reference to other processing applications pending under the patent office. The ordinary application shall describe complete specification and claims
• Conventional: In case the patent application is already filed in other country and the same is filed in India, such type of application is termed as Conventional application provided that application in Indian patent office shall be made within 12 months from the first application in another country
• PCT National application: Such application shall be compulsorily made within 30 days of filing an international application
• PCT International Application: In case you are filing a patent application in multiple countries, and you are willing to claim your priority in multiple countries, filing of PCT international application is a must. This application can be filed for up to 142 countries.

Know more about Patent Application in India!

Following are additional key-points for a thorough understanding of patent registration:

• Patent act and laws don't mandate the hiring of an attorney, agent, or patent lawyer but it is advisable to hire an agent since patent documentation, and its processing is complex that requires technical knowledge and expertise
• The patent owner can be benefited in monetary terms by licensing, selling, or renting its patented product.
• Documents required for patent application are as follows:
• Description and complete specification of Invention
• Identity proof of inventor such as voter id/driving license/passport
• Title and briefing of invention

Conclusion

Patenting the ideas is a license granted by the government providing inventor exclusive rights to commercialize, make, use or sell his idea or to utilize the same as per his discretion. Our team of legal experts who had handled several Patent applications can assist you to protect your invention by registering the same under the Patent Act.