Patent Registration

Meaning of Patent

A Patent is a statutory right granted to an inventor so that he can safeguard his invention against any usage without his consent. A patentee can prevent others from production, usage, selling, importing of the patented product or process for producing that product for those purposes without his consent. A patent can be something like modern art, a methodology of manufacturing, unique equipment, the machine, chemicals or medicine. In India, Registration of patents governed by the Patent Act 1970 & Patent Rules 1972.  As stated above, a patent is granted for an invention which may be related to any process or product. An invention is different from a discovery. Discovery is something that already existed but had not been found.

A patent is granted for a fixed period of 20 years, after which it falls under the public domain and the invention does not remain exclusive to the patentee after the expiry of 20 years.

It is to be noted that not all inventions are patentable. An invention must fulfil certain requirements known as conditions of patentability. The word “invention” under the Patents Act 1970 means “a new product or process involving an inventive step and capable of industrial application.

Who can apply for a patent?

Application for registration can be made by:

➲ Any person who claims to be the true and first inventor of the invention;

➲ Any person being the assignee of the person who claims to be the true and first inventor in respect of the right to make such an application;

➲ Any legal representative of a deceased individual who was entitled to apply for a patent immediately before his death.

➲ Any person either individually or jointly with another person (s).

Steps for Registration of a Patent

Step 1:   Idea or concept (Invention) must be written down with as many details as possible

Step 2:  Drawings, diagrams or sketches explaining the working of the invention must be included while filing the application

Step 3: To check whether the invention is a patentable subject matter or not

Step 4: search for Patentability

Step 5: A patent application needs to be draft by applicant

Step 6: Publication of the application need to be done by the investor

Step 7: Examination request

Step 8: Respond to the objections raised

Step 9: objections must be cleared

Step 10: The final step is the grant of a patent to the inventor 

Documents for Patent Registration

➲ Application in Form -1 which includes all the information related to name and address of inventor, name and address of applicant.

➲ Form-2 which describes the provisional or complete specification, as applicable along with the Drawings or sketches (if any)

➲ The Application form should also indicate clearly the source of the geographical origin of any biological material used in the specification.

➲ Power of attorney or authority letter in favour of the patent attorney enabling him to file the respective patent application on behalf of the inventor.

➲ All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with date and name.

➲ A copy of a valid Photo ID Proof of the inventor/Owner

➲ A copy of a valid Address Proof of the Inventor

➲ Declaration as to inventorship for applications with complete specification or a convention application.

➲ In case of a Company following additional documents shall be needed

• Certificate of Incorporation
• MOA (Memorandum of Association)

➲ In case of a partnership firm following additional documents shall be needed

• Partnership Deed
• GST Certificate