Description

Patent Registration

₹ 30000/- (inclusive all)

  • Discussion and collection of basic Information and provisional application (if any)
  • Provide required documents about the complete patent application, detailed information about examination of the invention & its uses, with well-defined claims.
  • Finalize the terms and conditions
  • Finalize the type of agreement
  • Drafting of documents by professionals
  • Drafting of Permanent patent application
  • Filing of online Form-1.
     

Documents Requirements

  • Title

Title of the invention

  • Applicants Information

Name, address and nationality of each applicant for the patent.

  • Description of the Invention

Detailed description of the invention and details about what the patentee wants to claim out of the invention

  • Technical aspects of the invention

Latest Passport size photograph of Shareholders and Directors.

Procedure

Day 1 – 2 (Collection)

Discussion and collection of Information about the invention

Submit required documents

Detailed information about novelty factor of the invention & its uses

Day 3 – 10 (Execution)

Extensive patent database search

Thorough review and comparison of related work

Assessment of the invention

Day 11-12 (Submission)

Submission of the patent search report with information about any existing prior art.

Day 13 onwards

Government processing time

Knowledge Portal

What is Patent ?

Patent is an exclusive right granted by a government for an invention that is new, involves inventive step and is capable of industrial application. Section 2(1)(m) of the Indian Patent Act, 1970 defines patent as: “patent” means a patent for any invention granted under this Act.

Advantages of Patent Registration

1.Exclusive authority over your invention

The patent registration gives the patent owner the right to prohibit others without the permission to make, use, sell, offer or importing patented inventions to others for profit purposes. On the other hand, the patent owner may determine who can use it according to negotiated terms and thus hold rivals at a disadvantage.

2.Sue the third party in case of infringement

It gives the patent holder the legal right to file a case of infringement if anyone tries to exploit the patent without the owners’ permission. The patentee, his/her assignee, licensee, or agent has the right to institute a civil suit in a court not lower than District Court in a case of infringement.

3.Increases your credibility in the market

If an invention is patented, it indirectly improves the brand value and can allow the company to charge the consumers a higher price. Especially if a product which is extremely useful on the market helps to extend the patent proprietor ‘s valuation.

4.Monetary Returns

The patent is a great asset and can to extract way more significant monetary benefits than any other intellectual property if managed intelligently. The owner can license, assign, or sell its patent whenever needed. Many pharmaceutical companies have made great profits through their patented products through licensing, assigning, etc.

Frequently Asked Questions

1.What is a Permanent Patent Application?

The permanent application is an exclusive legal right of an inventor, giving him/her the legal authority to prohibit others from making or using a particular invention.

2.Why should one patent the invention?

The patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies the inventor must apply for a permanent patent.

3.Should I apply for a patent in India in my name or in my company name?

If you are an employee, then usually all the intellectual property generated during your course of employment would belong to the organization or the company you are working for. If there has been no such agreement you can apply for the patent in your own name.

4.Can a published or disclosed invention be patented?

No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application online or offline.

5.What are the criteria for patentability?

An invention needs to have these three main qualities to be patentable:
i) Novelty – invention should be new; and
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique; and
iii) Industrial utility / Usefulness – it should not be a mere prototype but rather should be working and has to have some use.

6.Is the patent valid outside India?

A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global.

7.Are there any additional charges for adding more than 10 claims in the patent application?

Yes, in case the claims in the permanent application extend more than 10 in number, an additional fee would be levied as per the fee structure table given under the first schedule of The Patent Act 1970.

8.Is it mandatory to always file a provisional patent before filing the complete specification?

Filing the provisional specification is an optional step, if you already have complete information about your invention, then you can directly go for complete specification, there is no requirement to file the provisional application for patent.

How does a patent expire?

  1. The patent expires if it has lived its full term i.e. 20 years
    2. The patentee fails to pay the annual renewal fee.
    3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
    4. The patent is revoked.

9.How can I monetize my patent?

A patent rarely has any value if the commercial worth of the product or technology cannot be demonstrated and exploited. Therefore, a person has to see the utility and demand for the invention in the market before he/she files for a patent, they can make money from their patent by claiming royalties, selling, or license their patented invention.

10.Are there any benefits if I hold an MSME certificate for my entity or only certification of start-up India endows me with rebated fees?

Both certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.

11.Is there any difference in government fees if I apply a physical application instead of an online one?

Government charges for a physical application are higher than online applications to promote the green initiative.

12.Like trademark is there an automatically generated examination report after filing the patent application?

No there is no such automatic report generated by the registry applicant that needs to file for a request for examination for the patent file in order to expedite the process. The period for making such a request is of 48 months from the date of filing of the final application or priority whichever is earlier.