The word "patent" refers to one of the foundations of Intellectual Property Rights (IPR), as it is a government-granted privilege that the inventor has over his or her invention. Furthermore, the word "right" refers to the rights to create, distribute, use, and import the product or operation, as well as the ability to exclude anyone from doing so. The Patent Act of 1970 and the Patent Rules of 1972 regulate and execute it, and it is valid for 20 years. Furthermore, the Patent Office, Controller General of Patents, Designs, and Trade Marks, has the right to oversee the application for Patent Registration.
Who can file for a Patent?
Any person or business company in India may apply for a patent to defend and secure an innovation or invention. The word "invention" refers to both a new product and a new process. A natural being who is an assignee under the Patent Law who appears to be the real and first inventor of the art/research may even file an application.
The Los, or Legal Representatives, of a deceased individual (who was entitled to file a patent application shortly before his death), may now file for a patent.
What can be patented in India?
Any invention that has never been invented before for the general public and applies to process, work, computer software, manufacturing, machines, or any other form of the invention.
In addition, the following considerations must be taken into account before applying for registration:
Novelty
The first and most critical consideration to remember before submitting an application for registration is that the technology must be new and have never been issued in India.
Non-Obviousness
The innovation must not be apparent or easy, and it must be evaluated by a professional and knowledgeable individual.
Industrial Applicability
The technology must be able to be used by industry, according to the final element.
Benefits of Patent Registration
The below are some of the advantages of registering under the Patents Act of 1970:
Documents Required for Obtaining Patent Registration
The following are the documentation needed for securing a patent registration in India:
Form 1: Patent Registration Application. Proof of Right to File a Patent Application. Furthermore, this evidence must be submitted with the registration application.
If the applicant lacks full requirements, he or she must submit provisional specifications. In the case of provisional requirements, the applicant must submit the full specifications in Form 2 within a 12-month span.
Form 3 for filing Statement and Declaration under section 8.
Form 26 for Power of Attorney, if the Patent Agent files the application for Patent Registration.
Before a patent can be issued for biological material, the applicant must seek approval from the NBA (National Biodiversity Authority).
The claimant must also mention the source of Geographical Origin in the case of Biological Material.
The Applicant/Patent Attorney/Authorized Person's signature must appear on the registration application.
If applicable, an MSME or Start-up India certificate.
The Applicant/Agent must sign the Complete/Provisional Specification's last page.
Procedure for Obtaining Patent Registration in India
The following are the moves involved in securing a patent registration in India:
Patent Search
The first step in the registration process is to perform a patent search to determine the patent's non-obviousness and novelty. It will help the claimant determine whether or not a patent of a certain type has already been registered.
Drafting of Patent Application
After the applicant has finished the patent search process, he or she must draft the application in Form 1. In addition, he or she must have the requirements for each Patent Application in Form 2.
Filing of Patent Application
In this stage, the applicant must submit a patent registration application to the Indian Patent Office.
Review of Patent Application
The Indian Patent Office of the Government of India will verify the application for Patent Registration after it is filed.
Grant of Patent
Once the authorities are pleased with the application for Patent Registration, the applicant's invention will be granted a patent. It should also be remembered that the time needed for the issuance of a patent certificate varies from 6 months to 1.5 years.
Conclusion
The Patent Act of 1970 and the Patent Rules of 1972 regulate and execute it, and it is valid for 20 years. Furthermore, the Patent Office, Controller General of Patents, Designs, and Trade Marks, has the right to oversee the application for Patent Registration.