Patent Registration Online in India

Overview of Patent Registration in India

Patent registration in India provides legal protection to inventors and businesses, ensuring exclusive rights over their innovations. By obtaining a patent, individuals and companies can prevent others from using, manufacturing, or selling their invention without permission. The process of Patent Registration Online in India is governed by the Indian Patents Act, 1970, and is managed by the Office of the Controller General of Patents, Designs & Trade Marks under the Department for Promotion of Industry and Internal Trade (DPIIT).

What is a Patent?

A patent is a legal document granted by the government that gives the inventor exclusive rights to use, sell, and manufacture their invention for a specified period. It ensures that the innovation is protected from unauthorized use while encouraging creativity and development in various industries.

What is Patent Registration?

Patent Registration Online in India is the process of legally securing an invention under the Indian Patents Act. Once registered, the inventor gets exclusive rights to their invention, preventing others from commercially exploiting it. The patent owner can license or sell the patent to generate revenue.

Why is Patent Registration Important?

• Legal Protection: Ensures that others cannot use the patented invention without permission.
• Exclusive Rights: The inventor holds sole ownership and usage rights for a specific duration.
• Revenue Generation: The patent can be licensed or sold for commercial gains.
• Business Growth: Provides a competitive edge in the market by safeguarding unique inventions.
• Encourages Innovation: Promotes research and development in various sectors.

What Can be Patented in India?

In India, an invention must satisfy the following criteria to be patented:

• Novelty: The invention must be new and not disclosed in prior publications or patents.
• Inventive Step: The invention should involve a technological advancement not obvious to someone skilled in the field.
• Industrial Applicability: It should be useful in an industry and capable of being manufactured or utilized.

Examples of patentable inventions include new chemical compositions, pharmaceutical formulations, technological improvements, and industrial processes.

Which Cannot be Patented in India?

Certain inventions are not eligible for Patent Registration Online in India:

• Scientific theories and mathematical methods.
• Frivolous or contrary-to-law inventions.
• Discovery of living or non-living substances found in nature.
• Business methods and algorithms.
• Aesthetic creations like literary, dramatic, musical, or artistic works.
• Traditional knowledge and agricultural processes.

Eligibility Criteria for Patent Registration in India

The following entities can apply for Patent Registration Online in India:

• An individual inventor.
• A company or legal entity.
• A group of inventors or co-applicants.
• A legal representative of a deceased inventor.

Various Patent Offices and Their Authority

The Indian Patent Office has four branches:

• Delhi: Covers North India.
• Mumbai: Covers Western India.
• Chennai: Covers Southern India.
• Kolkata: The headquarters, covering Eastern India.

Each office is responsible for processing applications from respective regions.

Who Can Register a Patent in India?

Any inventor, whether an individual or a company, can apply for a patent. The applicant must be the original inventor or have legal rights over the invention. Companies can apply through their designated representatives.

Where Can You Apply for Patent Registration in India?

The application for Patent Registration Online in India can be filed online through the official website of the Indian Patent Office or physically at the respective regional patent offices.

The Documentation Needed to Register a Patent in India

Applicants need to submit the following documents:

• Patent application form
• Complete specification with details of the invention
• Proof of right to file a patent (if the applicant is not the inventor)
• Abstract of the invention
• Details of prior art (if applicable)
• Declaration by the applicant

Forms to Be Filed

• Form 1: Application for Grant of Patent
• Form 2: Provisional/Complete Specification
• Form 3: Statement and Undertaking Regarding Foreign Applications
• Form 5: Declaration as to Inventorship
• Form 18: Request for Examination
• Form 26: Authorization of Patent Agent (if applicable)

The Procedure of Patent Registration in India

1. Patent Search: Conduct a patentability search to check for existing similar patents.
2. Drafting and Filing: Prepare a detailed patent application and file it online or at the appropriate office.
3. Publication: The application is published in the official journal after 18 months from the filing date.
4. Examination: A request for examination (Form 18) must be filed to initiate the scrutiny of the application.
5. Objections & Responses: The patent office may raise objections, requiring responses from the applicant.
6. Grant of Patent: If all requirements are met, the patent is granted and published in the patent journal.

Patent Registration Fees

The fees for Patent Registration Online in India vary based on the applicant type:

• Individuals/Startups: INR 1,600 – INR 8,000
• Small Entities: INR 4,000 – INR 20,000
• Large Entities: INR 8,000 – INR 40,000

Guidelines Regulating the Filing of Patent Applications

• The invention must be novel, inventive, and industrially applicable.
• The application must be filed with all required specifications and documents.
• If required, foreign applications must be disclosed.
• Timely responses to objections must be provided.

Patent Registration Validity in India

A patent is valid for 20 years from the filing date. After the expiry, the invention enters the public domain.

What is Patent Renewal?

To maintain the validity of a patent, renewal fees must be paid annually from the third year onward. Failure to renew results in the lapse of the patent.

Can a Patent in India be Revoked/Cancelled?

Yes, a patent can be revoked under the following conditions:

• If it was granted based on false information.
• If the invention was already known before the filing.
• If it is not used within three years from the grant.

Will my Invention be Protected Outside of India through Indian Patent Registration?

No, Patent Registration Online in India only provides protection within India. To protect an invention globally, separate applications must be filed in each country or through international treaties such as the Patent Cooperation Treaty (PCT).

Why Choose CS Vijendra & Co for Patent Registration in India?

At CS Vijendra & Co, we specialize in Patent Registration Online in India, ensuring a seamless and efficient process. Our team of experts provides end-to-end assistance, from conducting patent searches to filing applications and responding to objections. With in-depth legal knowledge and experience, we help inventors and businesses safeguard their innovations effectively.