Introduction to PATENT REGISTRATION In Chennai

• A patent is a type of legal protection that gives its holder the temporary right to prevent others from exploiting an invention (producing, using, selling, or importing it) without the patent owner's consent.
• A patent is a type of "industrial property" that its owner may assign, transfer, licence, or utilise.
• Patents have a territorial effect; for example, an Indian patent is only good for use within India.
• Indian patents, like those in the majority of other countries, have a 20-year maximum lifespan. A minor annual renewal fee must be paid starting in the third year in order to keep a patent in effect.

 

Patent pending

Patent Pending is often used to alert competitors that an application has already been made to protect the invention. It also refers to a patent application that was submitted to the patent office but was not granted. The status of "patent pending" safeguards the inventor, but it is still unclear if a patent will ever be granted.

 

Benefits of Patent Registration

• With the use of a patent, you have the power to forbid anyone from making, distributing, manufacturing, or importing your innovation without your knowledge or approval.
• Protection for a period of 20 years
• You can make money or receive a royalty by using your idea yourself.
• You can sell, utilise, or transfer your patent using a licence. This might be a significant source of income for your company. There aren't many companies that operate only to receive royalties from patents they have licenced.
• If the aforementioned advantages meet your needs, you must file for a patent in order to protect your idea.

 

Documents Required for Patent Registration are

• (Aadhaar card, firearms licence, department ID, driver's licence, freedom fighter identification card, pan card, passbook, passport, ration card, voter identification card) Photo ID Proof of Owner
• (Aadhaar card, firearms licence, department ID, driver's licence, freedom fighter identification card, pan card, passbook, passport, ration card, voter identification card) Address proof
• For a company, a certificate of incorporation and address documentation (a partnership deed, a company incorporation document, a GST certificate, or a memorandum of agreement) are necessary.
• Provisional requirements (In the absence of complete requirements.)
• Declaration (Declaration as to inventorship for applications with complete specification or a convention application)
• Letter of Authority (If patent application is being filed by a Patent Consultant)
• Any biological material utilised in the specification should have its source and place of origin made very explicit in the application form.
• All patent applications must include the applicant's signature, as well as those of any authorised signers or patent attorneys, as well as the application's date and name.

 

Patent registration process

• Step 1 :   The notion or invention must be documented in as much detail as feasible
  
  

  The inventor or authorised person must gather all the information on the invention, including the :
  
  1. The area of invention
  2. The invention's description
  3. How does the innovation function?
  4. The invention's benefits

• Step 2 : The creator must include sketches, schematics, or drawings illustrating how the invention functions.
  
  

  The diagrammatic form must be illustrated in a way that uses visual examples to better explain how the innovation functions. These are crucial to the patent application process.

• Step 3 : The inventor must determine whether or not the invention qualifies as a patentable subject matter.
  
  

  This is due to the Indian Patent Act of 1970 specifying that not all inventions may be eligible for patent protection.

• Step 4 : Research for patentability
  
  

  The inventor must determine whether or not his invention satisfies all of the requirements for patentability under the Indian Patent Act. The following needs must be examined:
  
  1.Novelty
  2.Non-obviousness
  3.Use in industries
  4.Enabling
  
  The patent experts prepare the patentability report after doing a thorough search and provide their opinion on patentability.

• Step 5 : The inventor is then required to Draft a patent application
  
  

  The inventor may submit a provisional application if he is still very early in the research and development process for his invention. He gains the following advantages from it:
  
  1. It aids in locking down the filing date
  2. The deadline to submit a comprehensive specification is 12 months.
  3. The expense is little.
  
  The inventor obtains the filing date, which is highly important in the field of patents, after submitting the provisional patent application. The inventor has 12 months to develop a comprehensive specification; after that time, the patent application will be abandoned.
  
  The inventor can submit a detailed specification together with the patent application once all of the necessary paperwork has been submitted and his research has progressed to the point where prototypes and experimental findings can be used to demonstrate his innovative step.

• Step 6 : The investor then has to do Publication of the application
  
  

  Only 18 months after the first filing, following the submission of the full specification together with the patent application, is the application published.
  
  However, if the inventor does not want to wait until the 18-month window following the date of filing to publish his patent application, an early publication request can be made together with the required payments.

• Step 7 : Request for examination
  
  

  Only after a request for the RFE examination is received is the patent application examined. The patent application that the inventor submits to the controller in response to this request is then given to a patent examiner, who reviews it in accordance with various criteria for patentability, including:
  
  1. Subject matter patentable
  2. Novelty
  3. Non-obviousness
  4. Ingenious move
  5. Industrial application
  6. Enabling
  
  As soon as the examiner has reviewed the patent application based on the aforementioned terms, it will initially produce a first examination report. Patent prosecution is the name of this process. The examiner submits the initial examination report to the controller, which typically includes prior art (documents that already existed before the date of filing and are related to the claimed invention). This report is identical to the one given to the patent applicant.

• Step 8 : The innovator must then respond to the criticisms.
  
  

  The majority of patent applicants receive some sort of objections based on the examination report. The best course of action for the patent applicant is to review the examination report with a patent expert (a patent agent), analyse it, and then formulate a response to the concerns stated in the examination report.
  
  This offers the inventor a chance to distinguish his originality from the prior arts listed in the examination report. The patent agent and the inventor draught and submit a response to the examination, which the controller then uses to confirm that the invention is really patentable and meets all patentability requirements.

• Step 9 : Clearing all the objections
  
  

  The purpose of the communication between the controller and the patent applicant is to make sure that all of the objections mentioned in the patent application are addressed; if they are not, the patent application will not be approved. The inventor has a reasonable opportunity to substantiate his claim, establish uniqueness, and advance invention beyond the state of the art in the earlier arts.

• Step 10 : The grant of a patent
  
  

  Once it is determined that the patent application satisfies all patentability conditions, the application would then be placed in order to obtain the grant. The patent journal, which is occasionally published, is then notified of the patent grant.

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Our designers are skilled in building brands in addition to being designers. They will work with you to create a company logo that captures the culture and values of your brand and appeals to customers right away.

Unlike other logo design companies, we can assist you in protecting your name and logo by submitting a trademark application after they are completed, preventing anybody else from using them.

Over a thousand businesses have benefited from our designers' assistance in developing their identities and expanding quickly in fiercely competitive markets. We only work with reputable, experienced designers who appreciate the value of leveraging design to convey your brand's story. Some of the leading logo design studios have already worked with our designers.

First Auditor is your one-stop shop for all of your branding requirements. Our objective is to assist you in meeting all of your branding needs at transparent pricing, not simply to assist you in finding a logo design online. This includes offering you the greatest logo design at the most affordable prices as well as registering and protecting your intellectual property.

   

FAQ

 

What Benefits Do Indian Patent Searches Offer?

Monopoly and competitive advantage, as well as global recognition, are benefits of patent searches.

What serves as the foundation for patent searches in India?

Novelty, Uniqueness, Non-obviousness, Industrial Applicability, and Feasibility to the General Public are the criteria used in India to conduct patent searches.

What is the period of validity for a Patent?

A Patent has a validity of 20 years. That means after that, it falls under the public domain.

What does "patent search" mean?

The process of identifying related inventions and value additions in a patent application is known as a "patent search."

How can I do a patent search in India?

You can do searches in India with the help of WIPO Patent Search or USPTO Patent Search.

Do patent searches need to be done?

Yes, a patent search must be done in order to learn about any current patents.

What does "industrial applicability" mean?

An invention is said to have "Industrial Applicability" if it is practically viable. The invention should, however, be of a nature and sort that makes it simple to employ in any industry.

In India, what may all be patented?

An unique and ingenious new invention may be protected by a patent in India.