Patent means a new invention in form of a device/article or process of production. It should be invented and a novel one. Such patents are protected under the Patents Act, 1970.
“A Patent is an intellectual-property relating to invention and is the grant of exclusive right, for a limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes”.
The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Under the system, Patent ensures property rights (legal title) for the invention for which patent has been granted, which may be extremely valuable to an individual or a Company. One should make the fullest possible use of the Patent System and the benefits it provides. Patent right is territorial in nature and a patent obtained in one country is not enforceable in other countries. The inventors / their assignees are required to file separate patent applications in different countries for obtaining the patent in those countries.
In simpler terms, a patent is an intellectual property that one claims as their own and can use it for their own purpose. If anyone wishes to use someone’s patent then they need to pay one royalty or one can even sell their patent.
application filed in Indian patent office with Complete specification
(Description, Claims, Abstract, and Drawing). Description and claims pertaining
to novelness of the invention which needs protection.
Conventional application filed in India claiming earliest priority if your company is doing business internationally or intends to expand internationally and protect its Intellectual Property rights in India.
Wherein a conventional the application can be submitted within 12 Months from the International priority date, based on which your conventional application can be filed in India on or before the time specified as per Act. After which registration of your Patent is not possible.
As you are aware India has great potential and a large market for innovative patents, hence we strongly advise you to protect your Intellectual property rights in India.
Patent application filed with PCT can be placed into the National Phase in India claiming the earliest priority if your company is doing business internationally or intends to expand internationally and protect its Intellectual Property rights in India.India is following revised article 22 of PCT wherein a National Phase application can be submitted within 31 Months ( other countries follow a 30 Months deadline ) from the International priority date, based on which your PCT application can be filed in India on or before the time specified as per Act. After which registration of your Patent is not possible.
- Build Business: One can build a business around its invention and helps in raising capital for the same.
- Owning Invention: One can own the invention for up to 20 years and you can stop anyone from using, selling or importing your invention in your country.
- Licensing: One can also license (rent) their patent rights to companies in order to receive royalty.
- Sell: One can also sell their patent
Application for Grant of patent
It contains details of the inventor(s) and applicant(s).
This form is needed to be filled as whether your invention is provisional or complete.
Provisional invention: It is the early stage of the invention where it isn’t complete so one takes a date prior to the completion of the invention which gives one 12 months of time to file the complete specification.
Undertaking under section 8
For patents filed outside India, it is an undertaking given to the patent office that one will keep the patent office informed for the same.
The current inventors of the patent application have to give their name, nationality and address with the declaration to the statement that the right application is filed.
Form 9: Request
This is optional if express publication is required which provides a publication within one month instead of the common 18 months.
This form is for the request of examination.
This form is for the power of attorney to assign a patent agent who deals with one’s patent application.
Form 21 :
It is for the termination of a compulsory license for specific purposes by a patentee or any person which is issued by the controller and is the original owner of the patent.
8 STEPS PROCEDURE
(One can pay requisite fees for early publication and expedited examination report)