Patent Registration

An invention is a product or a method that, in general, gives a new way of doing something or presents a novel technical solution to a problem. A patent is an exclusive right awarded for such an invention. Technical details of the invention must be made public in a patent application to get one. A patent is a type of intellectual property that, in exchange for publishing an invention for public disclosure, gives its owner the legal right to prohibit others from creating, importing, using, and selling it for a set amount of time. Put another way, a patent is an exclusive right granted to an invention, which is a good or method that usually gives a fresh approach to an old problem or a new technological solution. To protect an innovation, a patent application needs to make public all technical details about it. The complete process of Patent Registration involves a series of steps that are mandatorily followed to get a Patent in India. Both businesses & individuals can apply for Patent Registration for their inventions.

Types of Patents

There are different types of patents to be registered under the Patent, which are as follows:

Utility Patent

Utility patents comprise over two-thirds of all patents issued worldwide, with the majority being issued in the United States. It is given for a fresh, practical, and non-obvious invention. It can refer to any device, method, produced good, material composition, or invention that outperforms an earlier one. There are three categories of utility: specific utility, which focuses on how an innovation fulfills a certain task, general utility, which is based on functionality, and moral utility, which ensures that an invention won’t be harmful or encourage improper use. 

Design Patent

A design patent is granted for a structure or design. It can contain but is not limited to, particular chairs, shoes, tables, equipment, new typefaces, distinctive computer icons, etc. A design cannot be useful to qualify for a design patent; it must be beautiful. Similar to a typical utility patent, a design patent grants the owner exclusive rights to prevent third parties from creating, utilizing, importing, and selling the design.

Plant Patent

Plants that are novel or unusual are frequently protected with plant patents. The plant must not be an Irish potato or any tuber-propagated plant, nor should it be discovered in an uncultivated state, and it must be capable of asexual reproduction to be eligible for this kind of patent. Patents may be awarded for discoveries, inventions, or asexual propagation of any new and different plant variety.

Why Patent Registration? 

In the existing competitive market of today’s world, it is important to protect the work of the individual, be it innovation, creativity, or Idea, which gave existence to Patent Registration. For this reason, Patent Registration holds multi-disciplinary benefits, a few of which can be seen as follows:

Legal Protection

Patents have many positive economic effects. A patent makes it simple for the owner to profit from their creation because it can only be applied to new and inventive goods, procedures, or devices. If you have built a machine, you can license the rights to use it in a variety of businesses in exchange for money.   

Ownership establishment

Patent rights provide for public disclosure, which aids in the inventor’s portfolio building and increases capital, market value, and potential business partners. Publicly disclosing invention-related material will highlight the inventors’ expertise and strong mastery of the technical field. The owner gains from all of these facts since they draw in high-end and prestigious investors, stockholders, business associates, and customers.

Market Access

By disclosing the idea to the public, patent rights allow the inventor to get recognition in the market and enhance his portfolio. It then assists him in establishing positive relationships with clients and rival businesses, which eventually increases his earnings.

Exclusive rights

Benefits to inventors are started as soon as the patent is filed, or at the beginning of the patent registration process. As soon as the applicant files the Provisional Patent Application, he has protection and assurance that no other individual or business could claim ideas identical to his invention. In India, the filing time lasts for 12 months. If another person applies for the same patent, his request would be denied.

Economic Benefits

Patents have many positive economic effects. A patent makes it simple for the owner to profit from their creation because it can only be applied to new and inventive goods, procedures, or devices. If you have built a machine, you can license the rights to use it in a variety of businesses in exchange for money.   

Check if you can proceed with Patent Registration

To be eligible to file for a patent registration application, you must fall into one of the following categories:

• The real inventor must be the applicant.
• A patentable product, method, or concept needs to be innovative and one-of-a-kind.
• Innovation needs to have a purpose.
• Information about the applicant as well as their KYC.
• every detail of the invention that needs to be patented.
• Any further pertinent papers that may be needed.

Documents Required for Patent Registration

• Form 1: Application for the Grant of a Patent in India
• Both the provisional and complete patent specifications must be submitted in duplicate, and if the provisional specification is filed, it must be followed within a year by the entire specification. (Form 2)
• Only draw in duplicate if required.
• The invention’s abstract and pertinent details are created in triplicate by the party.
• Details and commitment outlining each foreign patent application’s number, filing date, and current status in duplicate (Form 3).
• When instructed by the Controller, the priority document must be attached. This is the case for declarations of inventorship, convention/PCT national phase applications (Form 5), or applications where the priority date is claimed in the convention application.
• In case the agent is filing the patent registration application, power of attorney is also required
• Fee payment for the patent registration application [cheque/DD/cash]

To know more, visit: Patent Registration