IP protection plays an important role in saving innovations and further driving growth. Among all the IP-related rights, a patent stands important for inventors as it only grants exclusive rights over an invention. Securing a patent safeguards the inventions of individuals and companies against unauthorized use. It makes sure that creative ideas are not copied used or exploited by other people. In India, patent registration is guided by the Patents Act, 1970, and its subsequent amendments. This article discusses the process of patent registration in India, throwing light upon why it's important, what are its requirements, and the step-by-step procedure involved.
What is a Patent?
A patent is an exclusive right granted by a government to an inventor to make, use, and sell his or her invention for a certain period, usually 20 years after it has been filed with the government. Qualifying for a patent involves satisfying three criteria: novelty, non-obviousness, and industrial applicability.
In plain language, a patent safeguards the intellectual work of an inventor, and nobody can manufacture, use, or sell the invention in question without the inventor's permission. Patents are granted for inventions in technology, pharmaceuticals, engineering, biotechnology, and many other fields.
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Procedure for Patent Registration in India
The process of patent registration in India is governed by the Indian Patent Office (IPO), which operates under the Ministry of Commerce and Industry. The process is as follows:
Step 1: Patent Search and Analysis
A prior art search is always recommended before a patent application, whether there is a patent on the same invention. This can be searched from patent databases like the Indian Patent Advanced Search System (InPASS) or international patent databases like Espacenet. The result will not only save it from the unnecessary rejection that occurs due to lack of novelty but may also avoid costly litigation in the later stage.
Step 2: Filing a Patent Application
Once the novelty of the invention is established, the next step is to file for a patent application at the Indian Patent Office. The application has to be filed with a complete specification or a provisional specification, depending upon the nature of the invention.
Provisional Specification: An applicant filing a provisional application may still seek a patent but the invention is still in its development stage. This is simply a placeholder and establishes the date of filing.
Complete Specification: A patent application should have a complete specification that describes the invention in detail, claims, and drawings (if it so comprises).
Step 3: Patent Examination
The Indian Patent Office will examine the filed patent application after the same is filed. The examination ensures whether the patent application meets all legal requirements, including the patent's criteria of patentability. The examiner will examine the patent application and issue a report known as the First Examination Report (FER).
The applicant must respond to the FER, addressing any objections raised by the examiner. This process may involve several rounds of correspondence between the applicant and the patent office.
Step 4: Publication of Patent Application
Unless a request for early publication is made, the patent application will be published in the Patent Journal 18 months after its filing date. The effect of this publication is to serve as public notice of the pending application, and a third party can raise objections during this time.
Step 5: Patent Grant
The patent will then be granted if the application passes the examination process and no objections arise. The patent validity lasts for 20 years after it is granted and, upon payment of annual renewal fees.
India Patent Registration Requirements
The requirements for registering a patent in India are as follows:
Inventor's Details: The name, address, and nationality of the inventor(s).
Detailed Description of the Invention: The patent application must contain a full description of the invention that includes the technical field, background, and how the solution solves some problem.
Claims: Clear and concise claims defining the scope of the invention and its unique features are required. Claims determine the extent of protection provided by the patent.
Drawings/Diagrams (Where Applicable): Where the invention is a machine, device, or any other technical feature, drawings or diagrams illustrating its work must be included.
Patent Search Report (Optional): A report reflecting the results of a prior art search may be submitted to support the novelty of the invention.
Form 1: The formal application for a patent, along with other required forms, such as Form 2 (Specification), Form 3 (Statement and Undertaking under Section 8), and Form 5 (Declaration as to Inventorship).
Power of Attorney: Power of attorney is required in case the agent or attorney is filing the application on behalf of the inventor.
Also, Get to Know What are Contents of Specifications under Section 10 of the Patents Act
Importance of Patent Registration
The importance of patent registration cannot be underestimated. Here are a few key reasons why patent registration is crucial for inventors and businesses:
Exclusivity and Protection: Patent registration helps the inventor acquire the rights to use the invention exclusively, preventing others from using or copying it without permission.
Monetary Benefits: Patents can be monetized by licensing or selling the rights to other parties, thus creating a significant revenue stream.
Legal Recognition: A patent provides legal recognition to the inventor's work, thus enhancing credibility and reputation.
Competitive Advantage: The patented product is an advantage to any firm in the market since its solutions are never replicated by others in the marketplace.
Market Positioning: The patented products are often positioned as exclusive, high-quality, and innovative. Thus, they become more attractive to consumers and investors.
Get to Know the Patent Filling Procedure in India
Criteria for Patentability
The invention must first comply with the following essential criteria before filing for a patent:
Novelty: The invention should be new, such that it has not already been publicly disclosed in any form. It should not form part of the existing state of the art.
Inventive Step (Non-obviousness): The invention should not be obvious to a person who is expert enough in the field. The inventive step means it should not be an obvious modification of existing products or processes.
Industrial Applicability: The invention should have the potential for use in some form of industry. It must have practical utility.
Clarity and Completeness: The invention should be set out in clear and intelligible terms in the patent application so that a person skilled in the relevant technology can replicate it.
Types of Patents in India
India offers two different types of patents, based on the type of invention being made:
Invention Patents: These patents are granted to inventions that fulfill the general criteria of novelty, non-obviousness, and industrial applicability.
Design Patents: These patents are granted to new and original designs for an article. The design patents aim to safeguard the aesthetic look of an object.
Utility Patents: These are patents that protect new and useful inventions or processes that provide a particular and practical benefit.
Process Patents: These patents protect the method or process by which an invention is created or achieved.
Also, Know What are the Types of Intellectual Property
Cost of Patent Registration in India
Fees for obtaining a patent in India are also fee-like as they depend on the form of application filed: whether an individual, a start-up, or a company. The costs are as follows in general:
Filing fee: The filing fee is low for an individual. In fact, it falls in the price range of ₹1,600 to ₹8,000 whereas in the case of companies, it can be anywhere from ₹8,000 to ₹40,000 and above.
Attorney Fees: There could be extra costs for professional consultation, especially if you hire a patent attorney to prepare and submit the application.
Maintenance Fees: Renewal fees must be paid on an annual basis to maintain the patent in force over the validity period of 20 years.
Challenges in Registration of Patent
Although registration of patents presents many advantages, the process is complex, and many obstacles lie in its registration for an applicant :
High Costs: The total cost of obtaining and maintaining a patent may be too expensive, especially for small businesses and startups.
Time-consuming: The patent examination and approval process can be lengthy, sometimes taking a number of years if the person fails to respond in due time to office actions.
Infringement Problems: Even with registered patents, enforcing such patents may be made difficult by infringement, especially in cases of unapproved use or counterfeiting.
Summing Up
Patent registration is an important step for any inventor or organization seeking to protect the intellectual property of India. Although the procedure might be time-consuming and require extensive documentation, the benefits of patent protection are invaluable. The invention can be protected by securing exclusive rights, thereby establishing a better competitive advantage, promoting innovation, and protecting the intellectual property of the future. Understanding the steps taken to get a patent registered as well as the legal requirements involved and the potential hurdles can significantly increase the prospects of acquiring a patent in India.
FAQs for Patent Registration
Q1. What is a Patent?
A legal right granting inventors exclusive use of their invention for 20 years.
Q2. What inventions can be patented?
Novel, non-obvious, and industrially applicable inventions.
Q3. How long is a patent valid?
20 years from the filing date.
Q4. What are the costs of patent registration?
Filing fees range from ₹1,600 to ₹40,000, plus attorney and renewal fees.
Q5. Can software be patented?
Only if part of a hardware-based invention or solving a technical problem.
