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Patent Registration2016-12-23T09:07:10+00:00

Patent refers to a grant of some privilege, property or authority to one or more individuals. In layman terms patents are granted to the inventor of an invention thus protecting the invention from being copied by someone else and thus giving exclusive rights to the inventor in dealing with his invention. Patent is granted by the controller to the inventor for a period of 20 years.

An invention is the creation of intellect applied to capital and labour, to produce something new and useful. On grant of patent, such invention becomes the exclusive property of the inventor (‘patentee’) meaning thereby, the patentee is entitled to deal with his such property in the same manner as owner of any other movable property deals with his property. He can,

»   sell the whole or part of his invention;

»   grant licence to other(s) to use the patented property;

»  assign the patented invention to other(s) for a consideration.

The Patent law recognises the exclusive right of a patentee to gain commercial advantage out of his invention. This is to encourage the inventors to invest their creative faculties, knowing that their inventions would be protected by law and no one else would be able to copy their inventions for certain period during which the respective inventor would have exclusive right over his invention.

WHAT INVENTIONS QUALIFY

Persons entitled to apply for Patent

Filing Application for grant of Patent

An application for grant of Patent over a process or product is accompanied with a specification which contains exhaustive description of the invention in lieu of which an exclusive right in the form of patent is granted. The specification is an essential part of a patent application. A patent specification is not merely a description of the invention but is also a technical and legal document. The description should satisfy the examiner that their indeed is a new and unique invention. Depending upon the sufficiency of the description, specification may be either provisional specification or complete specification.

Provisional Specification

This application is filed while an inventor is in the process of finalising his invention which is not a full and specific description of the invention. It is filed to fix the priority date of the patent since Indian patent law is based on ‘first-to-apply’ principle and an inventor who first files provisional specification with claim(s) secures his invention against any similar claim for a patent being applied later by another inventor. After filing provisional specification, complete specification needs to be filed within 12 months, failing which the patent application will be abandoned/rejected.

It gives following benefits:

»   Secures filing date
»   12 months of time to file complete specification
»   Low cost

Filing the provisional specification is an optional step and if one has complete information about their invention then complete specification can be directly filed.

Complete Specification

After filing of provisional specification, when everything is done and their is a working prototype, generating experimental results to prove the inventive step,  complete specification with patent application can be filed. Complete specification is the full description  of the invention  containing all the claims over which the inventor seeks monopoly rights. The contents, as broadly mentioned in complete specification are:

»   Full description of invention and its operation or use
»   Claim defining the scope of invention
»   Technical information about the invention

The object of complete specification is to define clearly and with precision the monopoly claimed, so that others may know the exact boundaries of the monopoly right(s) of the patentee.

Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing. An early publication request can be made along with prescribed fees if you do not wish to wait till the expiry of 18 months from the date of filing for publishing your patent application

IN A NUTSHELL

PROCESS FLOW



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BASIC

Rs. 26999

(all inclusive per application)

Filing application for provisional patent registration


PLUS

Rs. 35999

(all inclusive per application)

Filing application for provisional patent registration

Filing complete specification

PREMIUM

Rs. 44999

(all inclusive per application)

Filing application for provisional patent registration

Preparing and Filing complete specification