Patent Registration

Package

Complete specifications registration of device, design and medical patents (non-provisional) with the Indian Patent office. Complete drawings/illustrations, abstracts and claims to be provided by the client. Inclusive of government fee & taxes

₹ 58998/-

Complete specifications registration of device, design and medical patents (non-provisional) with the Indian Patent office. Complete drawings/illustrations, abstracts and claims specifications will be drafted by FilingRabbit Team. Inclusive of government fee & taxes.

₹ 68998/-

Patent Registration

What is a patent?

Patent is the intellectual property right available for devices and inventions. By obtaining a patent, the owner gets an exclusive right to manufacture and sell the patented device in the market without having a fear of anyone infringing the patent. Patenting also makes sure that the inventor gets recognition in the market for the invention.

It is very important for an inventor to file for a patent before the the invention reaches the public/consumers. Therefore, an inventor should never disclose information regarding the invention before a patent protection is obtained.

WHAT CAN BE PATENTED?

In India, any invention for which a patent is granted fore, must fulfil the following criteria-

  • Novelty – The new product or the process must be new to the market and should not have been published as a patent in India or in the World.
  • Inventive Step – The new product/process must contain a technically inventive step, which must not be apparent to a skilled person before its publication.
  • Industrial applicability – It is of the utmost importance that the invention has an industrial utility and helps in doing new things or fastening previous processes.

A patent cannot be obtained for a mathematical formula or a scientific theory. It can also not be obtained for creative/aesthetic works which can be protected by copyright.

WHAT ARE THE BENEFITS OF OBTAINING PERMANENT PATENT PROTECTION?

  • It protects the new device/process from being copied and makes it an intellectual property of the corporate/individual.
  • It provides legal protection against imitations.
  • It shows the potential of an inventor and attracts investments for the completion of the product.
  • The patent owner gets an exclusive right to transfer, license or sell the patent and conduct business using the patent, for at least 20 years.
  • It acts as an incentive for the upcoming inventors.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

WHAT IS THE PROCESS OF FILING A PATENT APPLICATION IN INDIA?

  • Patent Search – To make sure that a patent is unique and novel, the Applicant must conduct a thorough search before filing for a patent.
  • Filing the Application – By using prescribed forms and paying the prescribed fee, the Applicant should register a patent. Expert help must be taken to accurately draft the specifications. If the invention has not been completed, the Applicant can also file for a provisional patent.
  • Patentability Report – The patent attorney representing the Applicant would draft a patentability report, thereby attaching all the documents with the patent application.
  • Publication – The Application is published in the Patent Journal within 18 months from the date of filing. 
  • Examination – For patent examination, the applicant must put in a formal examination request within 48 months from the date of filing.
  • Objections – A patent application might receive objections therefore it is pertinent that adequate responses are filed within the given time.
  • Grant of Patent – On the completion of all the aforementioned steps and by satisfying the criteria of a registrable patent, the Applicant can get the patent registered.

WHAT INVENTIONS/PROCESSES CAN GET A PATENT REGISTRATION?

The following can obtain patent registration:

  • Art, process, method, or manner of the manufacture
  • Machine, apparatus
  • Any products produced by manufacturing
  • Computer software with technical application
  • And even product patents for food, chemicals, medicines or drugs.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

WHAT ARE THE TYPES OF PATENT APPLICATION?

  • Provisional application – Also known as a temporary application, a provisional application is filed when an invention has not been finalized. Early filing of a patent will prevent any other related inventions from being designated as prior art to the inventor’s application. This type of patent application is filed when an invention requires additional time for development.
  • Ordinary or Non-Provisional application – This type of application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be filed through:

    • Direct Filing: Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.
    • Subsequent Filing: Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.
  • Convention application – The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries. To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.
  • PCT international application – Though the PCT international application does not provide an international patent grant, it paves the way for the streamlined patent application process in many countries at one go.
  • The Patent Cooperation Treaty governs it and can be validated in up to 142 countries. Filing this application will protect an invention from being replicated in these countries.
  • PCT National application – This application is filed if the applicant discovers that he has come across an invention, a slight modification of the invention that has already been applied for or patented by the applicant. PCT National application can be filed if the invention does not involve a substantial inventive step.
  • Divisional application – An applicant may choose to divide an application and furnish two or more applications if a particular application claims more than one invention. The priority date for these applications is similar to that of the parent application.

WHAT ARE THE DOCUMENTS REQUIRED FOR PATENT FILING?

  • Application to grant the patent – Form-1
  • Complete Specifications – Form-2
  • Statement and Undertaking (regarding foreign applications) – Form-3
  • Declaration as to Inventorship – Form-5
  • Authorization of Patent Attorney (if required) – Form-26
  • Illustrations of the Invention
  • Priority Document (if applicable)
  • Prescribed fees

The applicant must provide to their patent attorney all the details about the invention. They must provide a history of the invention and all the minor details so that the patent claims can be accurate. The patent claim must highlight the most useful feature of the invention using detailed illustrations.

What is the process of drafting a will?
Step 1

Select Package

Select packages as per your choice and fill out the forms

Step 2

Comprehensive Agreement

(2-3 working days) We Will draft a comprehensive agreement based upon your selection and requirements.

Step 3

revision of Agreement

(2-3 working days) We Will provide you with a copy of the agreement for you to revise.

Step 4

Redrafting (if required)

(1-2 working days) Ig you still feel that there is something that can be modified, we will promptly add it.

Step 5

Final Submission

(2-3 working days) We Will do the final submission of soft/hard copies to you.

WHERE TO FILE A PATENT APPLICATION?

The jurisdiction of a patent office is decided based on the following:

    • Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
    • The place from where the invention originated.
    • Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).

  • Mumbai Patent Office Jurisdiction
    The States of Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, the Union Territories of Daman & Diu, and Dadra & Nagar Haveli fall under the Mumbai Patent Office jurisdiction.

  • Delhi Patent Office Jurisdiction
    The States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh fall under the Delhi Patent Office jurisdiction.
  • Chennai Patent Office Jurisdiction
    The States of Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep fall under the Chennai Patent Office jurisdiction.
  • Kolkata Patent Office Jurisdiction
    The rest of India, the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and Union Territory of Andaman and Nicobar Islands fall under the Kolkata Patent Office jurisdiction.

FAQ

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Is a patent valid outside India?

Patent protection is a territorial right. It is valid only in India unless registered separately in other countries.

How does a patent expire?

A patent expires after the completion of 20 years, or if the validity is successfully challenged through an opposition. The patent right will also be removed if the owner doesn’t pay the annual renewal fee.

How does a patent expire?

A patent expires after the completion of 20 years, or if the validity is successfully challenged through an opposition. The patent right will also be removed if the owner doesn’t pay the annual renewal fee.

What information is required for patent registration?

Patent registration application should include the details of the invention in the form of a CD or a pen drive that has mentioned the name, the uses, and the data of the invention.

 

Why is patent search required?

As every year many inventions are patented, many of them are rejected as they are infringed. A patent search is advisable to save time and effort.

What happens if a patent registration is rejected?

The applicant has to submit a request for a hearing 10 days before the expiry of the statutory period. If the applicant fails to do so the controller may then refuse the application without even hearing the inventors.

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