In India, patent registration grants the owner or patentee an exclusive right to his or her invention for a limited time. After the certification is complete, no one would be allowed to use the inventions without the owner's permission; however, the innovation must be original and creative, and it must be applicable to the industry. It exists in India under the Patent Act of 1970 and the Patent Laws of 1972. In addition, the inventor or owner must provide any documentation relating to the invention in order to determine the invention's uniqueness.
"The Patent Office, Controller General of Patents, Designs, and Trade Marks" is in charge of registering a patent. Scroll down to learn more about how to register a patent in India.
Criteria for filing Application for Patent Registration
An invention must be capable of being used in industry; it must be a novel development prior to the filing date, and it must not have been released in India.
The skilled person must consider invention, which must be novel or unexpected.
What are the Benefits of registering a patent in India?
The below are some of the advantages of having a patent:
You have the right to sue a third party if they violate your rights.
Enhances the brand reputation.
Having a registered patent makes it easier to collect money for the business.
It also gives the freedom to ban instructions from using copyrighted work or imaginations without the consent of the patentee.
Additionally, after the registration, the originator's reputation would improve.
Documents required for registering a patent in India
The documents needed for registering a patent are listed below:
Complete the Patent Registration Form-1.
Fill out Form-2 for all of the requirements.
Form-3 statement and undertaking
The power of authority in Form-26 is required if the patent agent files the application.
Important paperwork and the registration form must be filed within 18 months of the priority date in the case of a conference application.
If the submission involves biological content collected in India, the National Biodiversity Authority must be consulted.
A Form 5 statement by the investor.
Bring evidence from the inventor that a Patent Registration claim has been filed.
The patent agent or claimant must sign the document with the date and name, and the specification must be written on the last page with the date.
Any biological material's primary source of origin should be stated in the Patent Registration process.
Forms required for Patent Registration Application
The following are the different forms that must be filled out in order to register a patent in India:
Application for Patent Registration (Form 1).
Form 2: Detailed or ad hoc specification.
Section 8 of the Patents Act of 1970, Form 3: Undertaking and Statement.
Inventor ship Statement (Form 5).
Publication Order (Form 9).
Request for Examination (Form 18).
Patent Agent Registration (Form 26).
For Small Entities (Form 28).
What is the online process of registering a patent in India?
The procedures for filing a patent electronically in India as listed below:
Step: Prior to filing, you must be mindful of the invention's non-obviousness and perform a patent check. The patent cannot be awarded if you already have a licensed patent on your head.
Step: Following the patent quest, you must apply an authorization form, along with the necessary documentation, to the intellectual property department, as well as your invention.
Step: Following the submission of the patent application form, an Indian government patent officer would search to see if there is a valid patent on a related invention. The patent will be awarded if they determine that the invention is original and meets any of the requirements.
Step: The status of the patent application will be updated online after it has been checked by the Department of Industrial Policy and Promotion, the Ministry of Commerce and Industry, and the Government of India. A patent certificate requires one year to be granted.
Conclusion
It is obvious from the preceding that a patent registration is needed in India because it protects or secures your specific patent. You will sue someone who exploits or copies the patent with the aid of patent registration.