Introduction of Patent Registration Process
Patent is an intellectual right to protect one’s NEW INVENTION or NEW IDEAS. Patent Registration process involves a series of steps dealt under this article. The Patents Act, 1970 and the Patent Rules, 1972 administers the Patent Registration in India. Thus According to the Patent Law, Patentability criteria includes New invention primarily to grant patent registration in India.
In this blog, we will discuss the patent India search and patent registration process in India.
What is Patent?
Patent is also one of the Intellectual Property Rights and it basically protects a new Invention. Moreover, it prohibits/excludes others from using the same without any patent owner’s authority. Section 2(1)(m) of the Patents Act, 1970 defines Patent as “patent for invention granted under the same”.
We can say that A Patent is an exclusive right in the form of legal document. Moreover, It is granted by the Government or prescribed authority of a country and that too in accordance with the National Patent Laws. Patent allows the inventor to make, use, sell and exclude others from commercially exploiting the invention for a specific period of time.
Who is Patentee?
The next point to learn is who is patentee. Patentee is basically the proprietor of the patent and in the terms of patent law, it is is known as the Patentee. Moreover, it is defined under. [Section 2(1)(p)] of the Patent Act. This section reads as “patent for invention granted under the same”.Thus, a patentee is a person in whose name patent is granted.
What is the Significance of Patent Registration?
- To allow the patentee to exclusively make, sell and use the Invention.
- It prevents other from commercially exploiting the Patented Invention.
- To balance the interest of the Inventor and the Public by granting the protection for a specific period of time and the invention shall come in the public domain after the expiry of the specific period.
- It adds to the technical progress of the country.
- To avoid duplication by stopping re-inventing the wheel
- Encouraging Scientific Inventions
- To promote the Research and Development.
What can be patented in India?
According to Section 2(1)(j) of the Patents Act, 1970, Invention can be granted a Patent in India if it qualifies following tests or the patentability criteria includes following tests –
- Novel that is new invention – not in public domain
- Product or Process or both
- Inventive Steps that is technical advancement or economically significant or both (Non-Obvious)
- Capable of Industrial Application
- Must not fall under section 3 and section 4
Important Definitions under The Patents Act, 1970
- Inventive Step – Section 2(1)(ja)
- New Invention – Section 2(1)(l)
What is the Term of Patent Right?
The Patent right is granted for 20 years from date of filing application in India.
Importantly, when the application is filed under Patent Co-operative Treaty (PCT) then the term of patent in India shall be 20 years from the Priority date.
What is the Patent Registration Process in India?
The status of a patent can be searched on patent india search or india patent search. The Patent Registration Process is as follow –
Application – Chapter III – Form 1
The first step is to file an application by the applicant before Indian Patent Office in Form 1. (Section 7)
- Section 6 states that following persons can file the application either alone or jointly through joint application-
- First and true Inventor
- His or her Assignee
- Legal Representative of deceased Inventor or assignee
- Moreover, the Application can be filed either with provisional specification or with complete specification in Form 2. In case of provisional specification, applicant has to file a complete specification within 12 months from the date of filing of application. (Section 9)
Apply for Filing Patent Application
Publication of Application – Section 11A
Thereafter, the application must be published by the Controller in a prescribed manner in order to call opposition if any.
Pre-Grant Opposition – Section 11A
Thirdly, Any person can make representation in the form of opposition against the Patent Registration with 6 months from the date of application publication. Additionally, Section 25(1) states the grounds for making Pre-grant Opposition.
Examination of Application – Section 11B
Then, the applicant shall request the Controller to refer the application for Examination within 48 months from the date of filing of application or from priority date whichever is earlier.
Thus, the Controller shall refer the application, specification and other required documents to the examiner for making a report thereon within 1 month from the date of publication of application or the date of request for examination whichever is later.
Therefore, the examiner shall present a report of examination to the Controller within 3 months from the date of reference.
Publication of Grant of Patent – Section 43
The next step is the grant of a patent, Therefore, If the examination report is not adverse then the Controller shall grant the patent to the applicant. Subsequently, the Patent office shall publish the grant of patent in the favor of patentee in the official journal of the Patent Office.
Post-Grant Opposition – Section 25(2)
Last step is the post-grant opposition. It means, when any person having interest in the Invention can file post-grant opposition within 12 months from the date of publication of grant of patent.
Importantly, Section 25(2) states the grounds for making Post-grant Opposition.
What are the Documents Required for Patent Registration?
Basically, the following documents are required for patent registration in India –
- Title of the Invention
- PAN or Aadhar Card of the Applicant
- Description of Invention
- Power of Attorney
Is Patent an Absolute Right?
The most frequently asked question is whether a patent is an absolute right. Thus the answer is “No”, Therefore, the Patent is not an absolute right rather its use is subjected to the following conditions –
- Firstly, Government Use
- Secondly, Experiment Use
- Thirdly, Research Use
- Fourthly, Teaching Use
- FifthlyImportation or manufacturing by or on behalf of the Government
- Sixthly, Distribution of medicines or drugs for medicinal purposes by Government
- Lastly, Used for Aircraft, Foreign Vessels, Land Vehicles which have either temporarily or accidentally come to India
However, other than these the patent right is absolute in nature.
What are the Patent Rights?
Above all, A Patentee possess following rights on Invention – To
- Make or manufacture
- Offer for sale
- Prevent third party from exploiting any of the above-mentioned right without authorization
In Conclusion, the Patent Registration Process is tedious work and requires knowledge and experience on the subject matter. An application is required to be filed before Indian Patent Office along with other documents. Lastly, The invention must fulfill the prescribed essentials to get patent registration in India. Conclusively, We hope all of your doubts related to India patent search and what patentability criteria includes are solved. In case of any further clarification, Seek Team Manthan Experts help to register and protect your patent.
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