The government grants the innovator a legislative right to his or her creation, which can be either a new procedure or a new product. The registered patent aids the inventor in preventing unauthorized third parties from making or manufacturing, utilizing, offering for sale, selling, importing, distributing, or licensing his or her invention.
WHAT CAN BE PATENTED?
If the invention is determined under the following categories-
- Inventive Steps
- Utility Application
- Must not fall under Section 3 and Section 4.
Patents in India are governed by the Patent Act of 1970 and the Patent Rules of 1972. Inventions shall not, nevertheless, be publicized in India or outside India, in advance knowledge or currently in use in the public domain within India, or claimed in any specification in India.
BENEFITS OF PATENT REGISTRATION
- Rights to Inventor-Patent registration protects a company's financial interests while also allowing the patent holder to get a higher price for their invention.
- Good Market Reputation-Patent registration protects a company's financial interests while also allowing the patent holder to get a higher price for their invention.
- Develops Business-Patent registration strengthens a company's business interests and allows the patent holder to obtain a premium for the idea.
- Public Disclosure-Patent rights enable for public exposure, which aids the inventor in expanding his portfolio while also raising cash, market value, and potential business partners. Sharing information about the creation with the public demonstrates the inventors' expertise and command of the technical subject matter. All of these factors benefit the owner by recruiting top-tier investment, shareholders, business partners, and consumers.
- Privileges for Return onInvestment-When the owner realizes that his innovation isn't bringing him any benefits, he may decide to give it to another deserving or successful individual. Once granted, the patent rights allow him to commercialize the idea and receive a significant return on his investment.
- Advantageous in Longer Run-The creator will benefit from the sale of the innovation in a variety of ways. It only aids in obtaining a 5% royalty, but it is extremely beneficial to innovators who have a great idea but lack the financial means to put their invention to market.
DOCUMENTS REQUIRED PATENT REGISTERATION
- For FORM-1 (Application for Grant of Patent)
- For Form-2 (Provisional/Complete Specification)-Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending on the type of patent application you are filing.
- For FORM-3 (Statement and Undertaking Under Section 8)
- Identity Proof of the Inventor and Assignee
- Address Proof of the Inventor and Assignee.
- Contact Details
- Information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed
- Some declarations, among other information.
- Particulars of Assignments
- Details of Foreign filing.
- Form 5: Declaration as To Inventorship-This application is used to declare the inventors of the current patent application
- For Technical Information
- Background of the Invention
- Disclosure of need of invention
- Summary of the Invention
- Description of how the Invention works.
- For Form-18 Request for Examination.
- For Form-19 Request for Early Publication.
- Form 26 Disclosure of Power of Authority (If assigned to the Patent Agent)
- 9. Request for Publication: This is optional (form 9) if the express publication is required.
- 10. Other Details
- Disclosure of Claims and Abstracts
- Requisite Statutory fees (cheque / DD)
- Proof of Right to file the form of patent: -The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
- MSME or Start-up certificate
- Provisional specifications, if complete specifications are not available.
- Priority document must be filed in the following cases:
• Convention Application (under Paris Convention).
• PCT National Phase Application wherein requirements of Rule 17.1 (a or b) of has not been fulfilled.
- If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent.
- The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
- All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.