Permanent Patent India
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A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval. Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance, it can be done easily. Any business entity or an individual who believes in securing his patent, which is one of the intellectual properties, should get a legal consultation from expert patent practitioners. Bharatregister helps you with the simplest way to file a patent.
Exclusive authority over your invention
Sue the third party in case of infringement
Increases your credibility in the market
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By obtaining a patent in India, you can not only protect your patent rights but can also make money from your patient by either licensing it or selling it.
A patent owner can license his idea to a person, and assign patent rights to the licensee to sell or make the patented invention. The patent holder can control these patent rights. A license agreement must include an upfront payment and a royalty percentage. The royalty is the percentage of the revenue earned from the licensed product over some time.
A patent filed in India can be sold to anyone within the country. That is, a patent can be sold in India if the inventor has patented his invention in India. By selling patents, inventors can usually demand a lump-sum payment and can enjoy the long-term benefits. He can be free from maintenance fees for the patent, litigation fees, and most importantly, will remain free from worrying about future economic recession, if any.
Often the terms “patent lawyer” or “patent agent” are interchangeable but still there are some differences between them in some instances. Patent lawyers are legally qualified to provide advice on intellectual property, infringement, and represent others in a court of law. Patent lawyers are also registered with the bar council whereas a patent agent generally holds a degree in engineering, science, and technology.
Before going for a patent filing in India, it is highly recommended to consider a licensed patent agent. A licensed patent agent in India is an individual registered for practicing before the Indian Patent Office. Patent agents will help in filling out the necessary forms, contacting the patent office, prosecuting patent applications, and in following up with any issues that may arise during the filing of the patent. To become a patent agent, the individual should be a citizen of India above 21 years of age and must have cleared the patent agent examination. A patent examiner is a person who sends the list of rejections and at times when there arises a need to modify the patent application, the patent agent can intervene and address the issue or argue against the rejection.
Although the patent law does not mandate the assistance of a patent attorney or a patent lawyer, it is highly advisable to hire an agent because:
- Patent documents are complex and require technical expertise and legal knowledge to draft and file the application.
- Legislation of many countries requires an applicant, who resides in a foreign country or if the principal place of business is in some other country, be represented by a patent agent or attorney.
According to the Indian Patents Act, 1970, a patent agent is entitled to:
- Practice before the Controller
- Prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act
For patent registration, you must submit the specified forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online using the link In the case of online applications, the patent office will be charging an additional 10% as the fee. It is valid for 20 years from the date of application of the patent. Offices for patent filing in India are spread across major cities like Mumbai, Chennai, Kolkata, and Delhi. You need to file your patent at the concerned patent offices in your locality. The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below-
For a successful patent registration, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.
You may skip the below-mentioned steps if you come across a similar patent registered already.
For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of drafting a patent specification is a specialized task that can be done best by experienced professionals only.
Ideation: Here, you need to pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.
Visualisation: Visualise your idea and elements in the form of diagrams that explain more about the invention.
Verification and Patentability Search: The next step is to verify whether your invention is patentable as per provisions mentioned in the Indian Patent Act. Your ideas/inventions must meet the patentability requirements such as:
- Novelty
- Non-obviousness
- Usefulness
- Patentable subject matter
Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called the provisional patent application.
Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.
The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee.
For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal.
The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.
To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request.
The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.
There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
It is common for patent applicants to receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.
Once all the patentability requirements are met, the notification to grant patent will be published in the Patent Journal.
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 it should be working and has to have some use.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970 which describes non-patentable invention in India.
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