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Patent registration

A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem. A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling and importing an invention for a limited period of years in exchange for complete public disclosure of the invention. The complete patent registration process involves a series of steps which are to be mandatorily followed to get a patent in India.
Patent registrations have a validity of 20 years from the date of filing of patent application

Requirement for Invention to be Patentable:

1) Novelty- the novelty requirement basically states that an invention should never have been published in the public domain. It must be new with no same or similar prior arts.

2) Inventive Step- The subject matter you wish to get patented should not be obvious to experts in the field. That is, it should be technologically advanced or economically profitable to be patented.

3) Industrial Application- The invention must be capable of being applied in any industry, which means that the invention must have practical utility in order to be patentable.

4) Not publically/commercially disclosed- the invention should never have been published in the public domain. It must be new with no same or similar prior arts.

5) Patentable matter- The foremost consideration is to determine whether the invention relates to a patentable subject-matter. Sections 3 and 4 of the Patents Act list out non-patentable subject matter. As long as the invention does not fall under any provision of Sections 3 or 4, it means it has patentable subject matter.

Procedure of Patent Registration in India :




1.How do I file a Provisional Application for Patent?

A Provisional Application for Patent must be filed with the USPTO. This entails completing a paper or electronic application, submitting accompanying illustrations, and complying with other USPTO guidelines. LegalZoom can help make this process quick and easy. Once you answer a few questions online, we complete and file your application (or do so along with our affiliate patent firm). We can even help you obtain top-quality technical illustrations.

2.How long does a Provisional Application for Patent last?

A provisional application for patent lasts 12 months from its filing date. The USPTO will not grant extensions for any reason.

The inventor(s) must file a Non-Provisional Patent Application within that period to take advantage of the Provisional Application for Patent’s filing date. If not, the provisional application is declared abandoned and its filing date is lost.

Another Provisional Application for Patent or even a Non-Provisional Patent Application for the same invention can still be filed, just without the benefit of the earlier filing date

3.What should a provisional patent application include?

A provisional application may include any of a variety of materials (e.g., text, figures, graphs, charts, photographs) that describe the invention and how to make and use it. A provisional application should explicitly answer the following questions:

(1)   What is the invention?

(2)  How is the invention made?

(3)  How is the invention used?

4.How many inventors can I have?

You must list at least one inventor, but it’s fine to have more. If two or more people each make a contribution to at least one concept that makes the invention patentable, then they are co-inventors. It’s a good idea to use a Joint Ownership Agreement, which will help you preserve ownership rights with co-inventors.

When you file your application through Nolo’s Online Provisional Patent Application, you will receive a sample Joint Ownership Agreement with your purchase.

A company cannot be an inventor; it has to be a real person. Even if a company owns the rights to the invention and any potential patent, you must list the actual inventor in the provisional patent application.

5.What rights does patent provide?

A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner consent.