Patent Registration

Overview

A patent is an exclusive right to intellectual property given to a patentee for a fresh idea or a cutting-edge technical fix for a current issue. Subject to the inventiveness and uniqueness of the product or idea, the inventor is given the patent right. According to the Patent Act of 1970 and the Patent Regulations of 1972, patents must be registered with the Indian government.

A person, legal or natural, must apply to the patent office having authority over getting a patent to acquire the grant or licence of a patent. A patent may be issued for the innovation stated and claimed in the specification following the patent specification’s compliance with the relevant laws of the office.

What is patent registration?

Patent registration is applying for a patent for a piece of work or an idea to safeguard an individual’s intellectual property. The patentee will have complete control over the patented product or manufacturing process through patent registration, including the right to make, use, sell, import, and export that product.

Without the patentee’s permission following patent registration, no one will be permitted to utilize the innovation. However, whether an invention is patentable relies on several variables, including whether it is novel, creative, imaginative, and industrially applicable.

What can be patented?

Generally speaking, any new and useful process, machine, manufacturing, or composition of matter, as well as any innovative and practical improvement, may be patentable. Nonetheless, from country to country, there may be some differences in the particular standards for what can be patented.

Examples of items that can generally be patented include the following:

• Chemical compounds: New chemical formulations or compositions and fresh approaches to their products fall under this category.
• Inventions: This covers newly developed goods, devices, or procedures as well as any enhancements to already existing products, apparatus, or methods.
• Business methods: New techniques for managing financial transactions or conducting business can be patented.
• Software: Computer programs, algorithms, and other software-related innovations are examples of this.
• Designs: This comprises fresh ornamental designs for goods, such as an object’s form, pattern, or colour.
• Plants: It is possible to patent novel and unique plant varieties.

It’s crucial to remember that patents can protect not all inventions, and the conditions for doing so can be intricate. Furthermore, patent-related legislation can differ from one nation to another. 

What cannot be patented?

Many things, including the following, cannot be patentable:

• Naturally occurring substances: A naturally occurring product or organism, such as a plant or animal, cannot be patented.
• Mathematical algorithms: A mathematical formula or algorithm cannot be patented by itself, but you can patent a particular use of that algorithm.
• Laws of nature: Something that occurs naturally or is a fundamental scientific law is not patentable.
• Abstract ideas: A merely intellectual idea without a concrete application or implementation is not patentable.
• Non-useful innovations: Something without use or practical application is not eligible for a patent.
• Physical phenomena: Natural occurrences or physical processes are not subject to patent protection.
• Already existing inventions: A public disclosure or release of an innovation makes it ineligible for patenting.
• Literary or artistic creations: A creation of art, music, or literature cannot be patentable, although it may be possible to secure copyright or trademark protection.

While these objects cannot be patented, it’s crucial to remember that other types of intellectual property, such as copyrights or trademarks, may still cover them.

Importance of patent registration

• Legal Protection: The granting of a patent gives the inventor temporary legal protection and exclusive ownership of their idea. The innovation can only be produced, sold, or imported with the inventor’s consent.
• Commercial Advantage: By granting the inventor the sole right to use the innovation for a specific time, a patent can result in a significant monetary advantage. It can make the creator make money by allowing others to use the invention or commercializing it themselves.
• Deterrent: Those considering duplicating or exploiting the idea without permission may be discouraged by patent registration. It can assist in preventing infringement and defending the rights of the innovator.
• Enhances Credibility: The reputation of the innovator and their idea can be improved through patent registration. It might show that the invention is distinctive and has received approval from a government body.
• Encourages Innovation: By offering inventors a financial incentive to create novel and beneficial innovations, patent registration can promote creativity. An inventor may have the financial and legal security required to make research and development investments thanks to the exclusive rights granted by a patent.

Eligibility for patent registration

A patent can be registered by an inventor or group of inventors who have developed a novel and practical invention or found a new, non-obvious improvement to an already-known innovation. The inventor’s rights may occasionally be transferred to an assignee, person, or organization who may then be qualified to submit a patent application.

To qualify for a patent, the innovation must satisfy specific criteria, such as being innovative, non-obvious, and valuable. The invention must also be able to be sufficiently detailed in depth for someone with the necessary expertise to produce and use it.

Documents required for patent registration

The following papers are needed to submit a patent application:

• Patent application form – The inventor and the invention are both identified in this form with their basic information.
• Statement and undertaking under Section 8 – Required to disclose whether the inventor has applied for the same invention in any other country.
• Provisional/Complete specification – Contains the technical details of the invention.
• Priority document (if applicable) – Essential if the inventor has already filed a patent application in another country.
• Power of Attorney – Necessary if the application is filed through a patent agent.
• Abstract of the invention – Contains a summary of the invention.
• Drawings (if applicable) – Mandatory if they are necessary to understand the invention.
• Fees – Appropriate fees need to be paid as prescribed by the Indian Patent Office.

It is important to note that the documents may vary based on the application type and the invention’s nature.

Forms required for patent registration

To apply for a patent in India, the following forms need to be filled out and submitted:

• Form-1: Application for grant of a patent and includes details of the applicant and the invention. It is essential to fill this form with all the required information.
• Form-2: Includes the provisional/complete specification of the invention. The provisional specification is filed to get an early priority date, while the complete specification is filed within 12 months of the provisional specification.
• Form-3: This form is the statement and undertaking regarding the foreign filing of the same or substantially the same invention.
• Form-5: Declaration as to inventorship, and is required to be filed with the complete specification.
• Form-18: Request for examination of the patent application.
• Form-26: Authorization of a patent agent who will represent the applicant in the proceedings.

The patent office may also require other forms and documents during the patent registration process.

Patent registration procedure

The patent registration procedure varies depending on the country or region where you wish to file your patent. However, in general, the following are the typical steps involved in the patent registration process:

• Conduct a patentability search: Before applying for a patent, it’s a good idea to conduct a patentability search to determine if your invention is new and non-obvious. You can hire a professional patent search company or use online patent databases to conduct the investigation.
• Draft the patent application: Once you have determined that your invention is patentable, you must draft a patent application. The application should include a detailed description of the invention, the claims, and any drawings or diagrams that illustrate the invention.
• File the patent application: You can file the patent application with the patent office in the country or region where you want to obtain the patent. Usually, there is a filing cost that you must pay.
• Patent Examination: The patent office will review your application to determine if it meets the requirements for patentability. The examiner may request additional information or amendments to your application.
• Address the objections: With the help of the First Examination Report, the applicant must reply to the patent office’s objection. The examination report’s objection will likely receive a formal response from the applicant. The applicant may attempt to disprove all complaints by demonstrating the invention’s patentability. Requests for physical hearings or video conferences can also be made.
• Patent Grant or Rejection: If your application is approved, the patent will be granted, and you will need to pay an issue fee. Upon rejection of your application, you can appeal the decision or revise it and resubmit it.
• Maintain the patent: Once your patent is granted, you must pay maintenance fees from time to time. It ensures that your patent remains in force for the entire term of protection.