Various Types of Patent Registration Applications

Standard Application

This particular application is used in cases where there is no reference or ongoing application for a similar invention within the Indian Patent registration system. The priority and filing date remain unchanged for general use.

Conventional Form

In instances where an investor or inventor already possesses a patent registration in another country and wishes to file the same in India, this form of application is utilized. It is required to submit the initial application for an Indian patent within a specified 12-month timeframe.

PCT International Application

The PCT International application serves the purpose of filing a Patent Registration application in multiple countries, presenting the option to seek protection in approximately 142 nations. Completion of this process typically takes around 30-31 months from the date of initial foreign registration to achieve recognition and jurisdiction in each state.

PCT National Phase Application

This document should be submitted within 31 months from the global registration date.

 Novelty

The fundamental requirement is that the product must possess a unique and original nature, free from any association or reference to existing 'prior art'.

Inventiveness

The innovation should not be easily discernible to individuals well-versed in the specific field and must involve an ingenious approach and technological advancement that contributes to the existing knowledge base.

Inventive Step

The product must exhibit a noteworthy and progressive action that brings about technological advancement, thereby enhancing existing knowledge. Additionally, the invention should not be apparent to experts in the field.

Utility Application

·         Capable of being manufactured, constructed, or fabricated

·         Applicable in at least one realm of activity

·         Capable of being reproduced as needed, utilizing the same characteristics, processes, or attributes.

"Benefits of Patent Registration
•    The advantages of obtaining patent registration are significant and can greatly benefit inventors and their businesses. By securing the rights to their products, inventors can effectively protect themselves from potential adversaries.
•    Moreover, patent registration grants the patent holder exclusive rights and positions them as the primary beneficiary of their innovative creations. This, in turn, enhances the growth and development of their firm, as well as their financial interests.
•    Additionally, patents and registration offices can be treated as valuable assets, similar to other forms of property, allowing for trading or leasing opportunities. If an inventor is looking to sell or license their patent, they can not only generate funds for their company but also expand their influence within the industry.
•    Furthermore, obtaining patent registration increases the credibility of the product's creator. This credibility directly translates into advantages for the inventor who may choose to sell their idea. While the royalties earned may be as low as 5%, the benefits extend to those individuals who possess innovative ideas but lack sufficient funds to turn them into viable businesses or bring them to market.
•    One of the key advantages of patent registration is that it grants the patent holder complete control over the usage of their protected ideas and discoveries. This ensures that others cannot exploit their innovations without permission. Furthermore, the patent holder has the authority to decide whom to grant permission, as long as it aligns with the accepted terms and conditions.

     • In the event of any violation, the patent holder can take legal action against third parties, safeguarding their intellectual property rights. This serves as a powerful deterrent against any unauthorized use or infringement.
• Overall, patent registration significantly boosts credibility within the competitive business market. By demonstrating a commitment to protecting their intellectual creations, inventors can establish themselves as dependable and trustworthy professionals, resulting in enhanced opportunities and success.

What is the process of Registering Patents in India?

Conducting a Patent Search

One of the fundamental steps in patent registration involves conducting a thorough search to verify the uniqueness and authenticity of the invention.

Preparing the Patent Draft

A patent serves as a legally binding document, providing intricate details and methodologies of the invention, while outlining the associated rights.

Patent Registration Requirements

The patent registration conditions can be categorized into two types: provisional stipulation and complete blueprint. Filing the provisional stipulation is vital to establish a priority date. The comprehensive specification elucidates the invention's characteristics, imaginative domain, claims, process, and methods involved in its creation.

Submission of Patent Registration Form

The complete patent registration form is submitted to the appropriate patent registry. In case only the provisional stipulation is registered, the complete requirements must be furnished within 12 months; otherwise, the registration may be rejected.

Journal Publication

Upon application, the patent's particulars are published in the patent journal after the expiration of an 18-month period from the priority date. This publication features the title, a concise abstract defining the patent's subject matter, request number, and information regarding the inventor or applicant.

Submission of Patent Registration Form

The complete Patent Registration Form is submitted to the relevant patent registry. If only the provisional stipulation has been registered, it is imperative to submit the complete requirements within 12 months; failure to do so may result in rejection.

Opposing a Patent Prior to Granting 
Any individual has the right to file a dispute under Section 25(1) of the Patent (Amendment) Act 2005.
•    Pre-existing Communication
•    Early publication and previous widespread knowledge
•    Obviousness and lack of inventive step
•    Lack of patentability
•    Insufficient and inaccurate description
•    Incorrectly claiming priority
•    Appealing Patent Registration, not registering within the 12-month period after filing the initial application in a recognized jurisdiction
•    Failure to disclose or misrepresenting the biological source of the invention
•    Invention anticipated by the common knowledge of any community worldwide
•    Related to the traditional cultural practices of any community worldwide

How Patent is evaluated and authorised?

The assessment of patents holds great significance in the overall procedure of patent registration. Following the submission of a request, the subsequent essential stage is the thorough evaluation of the patent. This process is not automated, thus it becomes necessary for the applicant to formally request an inspection or examination within 48 months, commencing from either the date of registration of the request or the priority date, depending on which occurs first.

  Authorization

A patent is granted when it successfully satisfies all prescribed prerequisites and adheres to the regulations within the patent law. The validity period of the registered patent stands for 20 years.