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Patent

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention.

    Types of Patent Application

    • 1) Ordinary application:
    • 2) Conventional application:
    • 3) PCT International application:
    • 4) PCT National phase application:

    Patentability Search

    Before filing a patent application in India, one should perform a detailed patentability search to determine whether a patent for it will be available or not. You can use the below link to conduct the patentability search http://ipindiaservices.gov.in/publicsearch.

    Documents Required for Patent Application

    The following documents are required to get your patent registered:

    • Patent application in form-1
    • Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it.
    • If complete specifications are not available, then provisional specifications.
    • In the case of provisional specifications, then complete specification in form-2 within 12 months.
    • Statement and undertaking under section-8 in form-3 (if applicable).
    • If the patent application is filed by a patent agent, then the power of authority is in form-26.
    • If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
    • The source of geographical origin should also be included in the case of biological material used in the innovation.
    • All the applications must bear the signature of the applicant/authorized person/Patent attorney.
    • The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

    Rules to keep in mind while filing a Patent application

    • The first schedule of the Patent Act describes the fee payable.
    • 10% additional fee is charged in case of documents are filed physically.
    • The inventor can pay the fee using electronic means, in case, demand draft or banker’s cheque.
    • The fee would be paid to the Controller of Patents.
    • If the application is transferred from a natural person to a person other than a natural person (entity/institution), then the balance amount will be paid by the new applicant.
    • The same is with the case of start-ups. That is, if the application is transferred from a natural person to a person other than a natural person, then the difference amount will be paid by the person to whom the application is transferred.
    • The fee once paid, will not be refunded. Unless some excess amount is paid to the Controller of the Patents.
    • The fee can be paid in advance of the application process.

    Advantages of Patent Registration

    1. A patent is a form of incentive for innovations and inventions. Once an applicant is granted the patent, he or she becomes the sole owner of the invention or the idea.
    2. Documenting a patent in India is important for a business as the patent prohibits its competitors from copying, selling, or importing its intellectual property without prior permission. This way the patent holder can protect his patent rights in support of the existing laws of the land.
    3. Patents can be sold and licensed like other forms of property
    4. A patent is just like any other intellectual property and can be transferred by the inventor.
    5. A patented product is likely to improve brand awareness and potentially enable your business to charge a premium.
    6. It makes it easier to raise capital for your business if you are ready to sell or license the patent that you possess.
    7. The credibility of the inventor will go up after the patent registration is done
    8.  
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