Patent Registration in India

One document referred by everyone – Patent examiner, Licensee, Competitor, Lawyers, Judge, Public/Peers – GETTING IT RIGHT IS IMPORTANT.

Why ‘Your Patent Team’ for Patent Registration in India

  • YPT is a Team of 125+ technology/industry experts who speak inventor`s language and having deep understanding of Indian and Global patent laws.
  • YPT utilizes its knowledge of both patent prosecution process and patent enforcement to draft applications that are enforceable (even 20 years from now) yet sail through the prosecution saving you lot of money.
  • YPT always keeps client’s interest first and is always frugal with client’s resources. Ethics is #1 priority for YPT and we will never misguide you.
  • YPT ensures that you not just get a certificate after grant of patent rather you practically benefit from your protection. We will walk with you on-the-ground to make it happen.
  • YPT has unique understanding of global and industry wide IP best practices as it has supported 1,000+ clients from 45+ countries in multiple technology areas ranging from complex subject matters in life sciences/engineering/ICT to simple household inventions.
  • YPT has in-depth understanding of working style of each of the four patent offices in India and also of their staff members.
  • YPT has a good network within Indian Patent Office for expedited and accurate information.

Finally, YPT may not seem to be the cheapest option available but we guarantee that :

  • You will have the strongest and broadest possible protection.
  • You will end up saving lot of money during prosecution and after grant.

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About Your Patent Team (YPT)

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More about Patent Registration in India :

Legislation

According to the provisions of Section 159 of the Patents Act, 1970 the Central Government is authorized to make rules for implementation of the Act and to manage the patent administration. Accordingly, the Patents Rules, 1972 were notified and put into action effective from 20.4.1972. These Rules were subjected to minor changes until 20 May 2003. After that new Patents Rules, 2003 were proposed and implemented by replacing the 1972 rules. These rules were further subjected to minor changes by the Patents Amendment Rules, 2005 and the Patents Amendment Rules, 2006. The last amendments were made effective from 5th May 2006.

Administration

The Indian Patent office is established under the Ministry of Commerce & Industry, Department of Industrial Policy & Promotion to administer the various provisions of the Indian Patent Law that relates to patent grant procedure. It also relates to the The Designs Law that relates to the registration of Industrial Designs. Patent Registration in India

Types of Patents

The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents Amendment Rules 2006 with effect from 05-05-2006. Under this Act, there are five types of patent protection in India. They are as follows:

  • Ordinary Application- comprises of both Provisional Specification and Complete Specification
  • Patent of Addition
  • Divisional Application
  • Conventional Application
  • National Phase Application under PCT

Who Can Apply For a Patent?

The following persons can apply for a patent:

  • An inventor or researcher
  • Assignee
  • Legal representative of deceased inventor or assignee

Application can be submitted jointly by two or more corporations as assignees. It can also be made either alone or jointly by the inventor.

Patentable Invention

A patentable invention is a new product or process which involves an inventive step and is capable of being made or used economically in an industry. It means for the invention to be patentable, the invention should be of technical nature and must meet the following criteria –

  • Novelty: The matter disclosed in the specification is not published in India or elsewhere before the Priority Date in India. The purpose of the novelty requirement is to prevent prior art from being patented again.
  • Inventive Step: The invention is not obvious to a person skilled in the art in the light of the prior publication or knowledge or document.
  • Industrially Applicable: Invention should possess utility, so that it can be made or used in an industry.

Non Patentable Inventions

According to Section 3 of the Indian Patents Act, 1970 the following inventions are not patentable in India:

  • An invention, that is frivolous or that claims anything obviously contrary to well established natural laws;
  • An invention, the primary or intended use of which would be contrary to law or morality or injurious to public health;
  • The mere discovery of a scientific principle or the formulation of an abstract theory;
  • The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;
  • A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
  • The mere arrangement or re-arrangement or duplication of known devices, each functioning independently of one another in a known way;
  • A method of agriculture or horticulture;
  • Inventions relating to atomic energy.
  • Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or animals.
  • Plants and animals in whole or any part thereof other than microorganisms.
  • Mathematical or business method or a computer program per se or algorithms.
  • Literary, dramatic, musical or artistic works, cinematographic works, television productions and any other aesthetic creations.
  • Mere scheme or rule or method of performing a mental act or playing game.
  • Presentation of information.
  • The topography of integrated circuits.
  • An invention which in effect, is traditional knowledge or is based on the properties of traditional knowledge.

Documents Required For Filing Patent Application

The documents that are required for filing a patent application in India are:

  • Declaration as to Inventorship where provisional specification is followed by complete specification or in case of convention application
  • Statement and Undertaking
  • Proof of Right to file an application
  • The authorization from an agent ( Power of Attorney if filed through Patent Agent)
  • Fee in cash or cheque or demand draft

Office For Filing Patent Application in India

Filing a patent application in the Indian Patent Office is the first step towards securing a patent to an invention in India. To file a patent application, a set of forms has to be submitted to the Indian Patent Office. Application is required to be filed according to the territorial limit that is an inventor or the applicant has to file application to the Patent Office where he resides or the place of business or the place of origination of the invention.

Examination and Publication

The examination of patent application is conducted according to the provisions stated in Section 121 of the India Patent Act, 1970. After filing of the patent application and subsequent filing of the request for examination the Controller refers the application, specification and other related documents to the examiner. The examiner then prepares a report in accordance to the Act and the rules. When the application is found to be suitable for acceptance it is published in the gazette of India (Part III, Section2).

Opposition

The Indian Patent Office provides a period where the third parties or entities oppose the grant of patent. Notice of opposition should be filed within four months of notification in the Gazette. Opposition may be pre-grant [according to Section 25(1) and Rule 55 of the Patents Act, 1970] or post-grant [according to Section 25(2) and Rules 55-62].

Grant of Patent

If the application is not opposed or the opposition is decided in favor of the applicant or is not refused the patent is granted or sealed on payment of sealing fee within 6 months from the date of advertisement. However, it is extendable by three months.

Register of Patents

The Register of Patents are kept at the Indian Patent Office and its branch office. It contains full details of the Patent which include Patent number, the names and addresses of the patentee; notification of assignment etc.; renewals, particulars in respect of proprietorship of patent.

Rights of Patentee

A patentee has the exclusive right to make or use the patented article or use the patented process. It gives him the authority to stop others from making wrong use of the patent. The patentee also has the right to assign the patent, grant licenses, or otherwise deal with it for any consideration.

Patent Renewal Fees

According to the Indian Patents Act, 1970 a patent is granted for a timespan of 20 years [ Section 53(1)] from the date of filing of ordinary or conventional application. This is however different for patent application entering India through the PCT route. As per Section 53, Rule 80 of Indian Patents Act, to keep the patent enforceable the renewal fee is to be paid well in advance to the Indian Patent Office. As per Rule 80(2), the patentee is required to correctly quote the date of patent, patent number and the year with respect to which the fees are to be paid.

Working on Patent

An annual report based on the extent of work done on the patent by the patentee or licensee must be submitted by March, 31 on a yearly basis for the previous year ending on December, 31.

Assignment and License

Applications must be filed according to the prescribed format with the Controller for the registration of assignments and license and other related documents, thus creating an interest in a patent in order for the patent to be valid. To make it valid, an assignment or a license must be recorded within six months from the date of the document.

Patent Duration

Term of every patent in India is 20 years from the date of filing of a patent application, irrespective of whether it is filed with provisional or complete specification. However, in case of applications filed under PCT the term of 20 years begins from International filing date.

Infringement

According to Section 48 of the Indian Patents Act, 1970 the patentee is conferred upon with the exclusive right that exclude third parties or entities from making, importing, using, offering for sell or selling the patented invention, product or process without prior approval from the patentee or licensee. Violation of the aforesaid policies or rights constitute of patent infringement.

Appeal

All appeals are to be made at the High Court within three months from the decision of the Controller.

Patent Registration in India

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