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Patent Registration

Within 10 days, your invention can be protected.

Register Patent in India

Name(Required)

Procedure for patent registration in India

Step 1
Fill Patent Application Form

To obtain a patent, all you need to do is complete our straightforward form and provide the essential information needed to file a patent registration application.

Step 2
Conduct a patent search

We will conduct a patentability search on your behalf following receipt of all documents from you.

Step 3
Prepare Application

We will create your patent application based on the basic information and documents you provide.

Step 4
Patent Submission

We will submit the patent application to the Indian patent office following the final review.

Step 5
Your Work is completed

We will send you an email with a confirmation of receipt after all of the documents and patent applications have been submitted.

Patent Registration

The process of registering a patent grants an individual or business ownership rights to an invention. The government will grant you full rights to your product if it is unique. It prohibits others from making, using, selling, or bringing in the product or process, giving you complete ownership. As per the Patent Demonstration, 1970 and Patent Standards 1972 licenses are addressed in India.
A patent lasts for twenty years. The patent can be for a variety of things, including a process, art, a method of manufacturing, particular apparatus, machine, computer software, chemicals or drugs, or technical application. Although this period is limited in most cases, it could be extended for a few years in rare instances. We, at Sahyog go probably as patent subject matter expert and helps associations with enrolling themselves in Mumbai, Pune, Akola, Amravati.

Documents expected to get Patent Registration in India

To register your patent, you need the following documents:

  • Patent application in form-1
  • The right to file the patent or application. This evidence could be included with or attached to the application.
  • Provisional specifications are used in the event that complete specifications are unavailable.
  • If you have provisional specifications, you should finish the form-2 specification within a year.
  • Form 3 contains a statement and undertaking in accordance with Section 8.
  • Form-26's power of authority applies if a patent agent files a patent application.
  • Before the patent is granted, the applicant must obtain permission from the National Biodiversity Authority if the application is for biological material.
  • In the case of biological material used in the innovation, the geographical origin should also be included.
  • The applicant, authorized individual, or patent attorney must sign all applications.
  • The applicant or agent is required to sign the final page of the complete or provisional specification. including the sign in the drawing sheets' right bottom corner.

Types of patent applications in India

Ordinary application:

When no other application or reference to another application is being processed by the Indian Patent office, this kind of application is submitted. The equivalent dates for conventional applications are the priority date and the filing date.

Conventional application:

The standard application applies to an inventor who has already obtained a patent in another country and wishes to do the same. Within a year (12 months) of the appliance's initial filing, it must be submitted for Indian patent.

PCT International application:

You are able to file a patent application in as many as 142 countries using the PCT International application. From the universal filing date, it could take anywhere from 30 to 31 months to enter each country and ensure safety.

PCT National phase application:

This application can be submitted within 31 months of the global filing date.

What Is Included In Our Package?

Prior Art Search

Application Drafting

Application Filing

Government

Detailed Procedure

Patentability/Novelty search

This necessary step, on the off chance that you haven't done as such. Before we move on to the steps involved in completing the patent registration process, you should be aware of whether or not a patent is available for your invention. You must visit www.sahyog.in/patent-search for this. completing this necessary step if you haven't already.

Drafting of Patent Application

The inventor should submit a Form 1 application following the patentability check.
Then, each application must include patent details. This is done in Form 2, where the condition of development is used to reference the complete or provisional specification. If it is a provisional specification, the applicant has a year to complete the invention and file the entire application.
You are finally required to submit your patent draft. The patent office will decide whether or not to grant the patent on the basis of this draft.

Filing the patent application

Step 1: Use form 1 to submit an application for a patent.
Step 2: Use form 2 for a provisional or final determination.
Step 3: Use form 3 for the explanation and undertaking required by section 8 (which is used when a patent application has already been filed in a nation other than India).
Step 4: For statement as to inventorship, use structure 5
Stage 5: For new companies and little substances, use structure 28.

Patent filing

Ideation: At this point, the designer is required to write down the idea and properly note the most important information about the creation that should be protected.
Visualization: Make use of diagrams to provide a visual representation of your concept that progressively explains the innovation.The trademark registrar will place an advertisement in the trademark journal if no objections are made. The trademark should be registered within the next six months if no opposition is filed by any party within four months. We will regularly update you on the progress of your application during this time. In the event of these objections, you will be required to pay the additional fee.

Publication of patent application

The official patent diary will include the application that was submitted to the patent office. Within 18 months of the patent's filing, this is carried out. Form 9 can be used by the inventor to request early publication. The patent will not be published in the journal if there are any restrictions imposed by the Indian Patent Act regarding its publication.

Examination

The assessment cycle is finished before the patent is permitted and the application for assessment must be made in structure 18. This technique ought not be conceded, as it is initially begun first serve premise. After this application has been submitted, it is given to a patent official, who checks that each condition is met in accordance with the patent regulations. It will be communicated if there are any issues that need to be addressed then.
If there are any concerns that need to be addressed, they will be communicated.

Issuance of Examination report

In this instance, the First Examination Report (FER) is filed following the exhaustive search.

Grant of Patent

After the Patent Officer recognizes the fulfillment of complaints raised, at that point the patent is allowed

Requirements of Getting a Patent in India

To get your invention patented in India, you must meet the following requirements:

  • Matters that are patentable: As per the Licenses Act, area 3 and 4 conveys the rundown of non-patentable point. This list should not include your creation.
  • Non-obviousness or inventiveness: The subject you wish to get protected ought not be obvious to experts in the field. That is, it ought to be innovatively progressed or monetarily productive to be licensed.
  • Novelty: The invention ought to be inventive and novel. As a result, it should not be used anywhere in the world or in the public domain.
  • Utilizability in the workplace: At last, this creation ought to be convenient and usable in the enterprises or public space.

Rules for Registering Patents

  • The fee that must be paid is detailed in the Patent Act's primary schedule.
  • If true documentation of records occurs, an additional 10% fee will be incurred.
  • In the event that a demand draft or banker's check is used, the inventor can pay the fee electronically.
  • The Controller of Patents would receive payment for the imposed fee.
  • The remaining balance will be paid by the new candidate if the application is transferred from a natural person to someone other than a natural person.
  • The example of new businesses serves as an analogy. This means that the split amount will be paid by the person to whom the application is transferred if it is transferred from a natural person to a non-natural person.
  • Once paid, the fee cannot be refunded. Unless the Controller of Patents receives an additional sum.
  • The fees can be paid before the application process begins.
  • A few proportions of charge can be limited; assuming the application is pulled back the principal explanation of grumbling is given. The Act's First Schedule makes reference to the specified amount.

Benefits of Registering a Patent

  • Due to the fact that you own all of the rights, it keeps rivals at bay.
  • Additionally, it enables the patent holder to charge a premium for the invention, which increases revenues for your company.
  • These licenses are very much like different types of property. As a result, licensing or selling them is possible.
  • It makes it more straightforward to raise capital for your business assuming you are prepared to sell or permit the patent that you have.
  • After the patent is registered, the inventor's credibility will increase.
  • The inventor will benefit greatly from the idea's outright sale. Although it only generates a royalty of 5% or less, it is extremely beneficial to inventors who lack the funds to commercialize their invention.

Frequently Asked Questions

What is a patent registration?

When a patent is registered, an individual or business acquires intellectual property rights to an invention. The government will grant you full ownership rights to your product if it is unique. It prohibits others from making, using, selling, or importing the product or process and grants you complete ownership. The Patent Act of 1970 and the Patent Rules of 1972 govern patents in India.

How do I register a patent?

Utilizing our expert services, you can register your patent. We, at Sahyog, guarantee a smooth method of patent enrollment.

What is the method involved with getting licenses enlisted?

To accomplish this, you must follow the following steps, which are described in detail above: Patentability and novelty research; patent application preparation; patent filing; publication of patent application; examination; publication of examination report; and patent grant

What are the necessary documents to register a patent?

To register your patent, you need the following documents:
• A form-1 patent application • Evidence of the right to apply for a patent This evidence could be included with or attached to the application.
• Provisional specifications are used in the event that complete specifications are unavailable.
• If you have provisional specifications, you should finish the form-2 specification within a year.
• A declaration and undertaking in form 3 in accordance with section 8
• The form-26 power of authority must be filled out if a patent agent files a patent application.
• Prior to the patent being granted, the applicant must obtain permission from the National Biodiversity Authority if the application is for biological material.
• For biological materials used in the innovation, the geographical origin should also be included.
• The applicant, authorized individual, or patent attorney must sign all applications.
• The applicant or agent must sign the final page of the complete/provisional specification. including the sign in the drawing sheets' right bottom corner.

What can be patented?

The invention that is eligible for patenting might be:
• Workmanship, interaction, strategy or way of production
• Machine, contraption, or different articles
• Substances delivered by assembling
• PC programming with specialized application to industry or utilized with equipment
• Item patent for food, synthetic compounds, prescriptions, and medications

What is a patent's expiration date?

20 years
What is the required information to file the patent?
What is expected from patentee as an obligation?
What is the patent specification?
Why is patent search essential?
Why is expert help necessary in the case of patent registration?
Should I disclose details of my invention to the potential investors, before or after the patent registration?
Does the applicant get an opportunity of being heard before his application is refused?
Which states are covered under LegalRaasta patent registration?
What is the process of a patent application?
Is it possible to get my invention secret after obtaining a patent for it?
Is it possible to get my software-related invention patented?
What is the basic difference between patent and copyright?
Is it possible to patent my app?

What information is required to submit the patent application?

Information about the invention in the form of a CD or pen drive, including its name, comparison to other products that already exist, applications, and publication date (if any). The applicant's information should also be provided.

What obligations are imposed on the patentee?

The patentee is required to make the invention public in the patent document so that others can use it after the patent expires.

What is the patent determination?

The applicant is required to draft the patent specification if they meet all of the specified statutory requirements. The patent office must receive this.

Why is patent search essential?

Numerous brand-new inventions are patented each year. Even more are turned down for a variety of copied reasons. As a result, patent searches should be conducted first to save time and effort.

Why is professional assistance required for patent registration?

Saving time and effort required to register your patent becomes essential. When you file for patents, the expert services will help you be more accurate.

Before or after registering my patent, should I tell potential investors more about my invention?

It is suggested that you finish the patent registration process first, then share the information with potential investors. We recommend signing a Non-Disclosure Agreement (NDA) with your potential investor if it is necessary.

Before his application is rejected, does the applicant have the opportunity to be heard?

Ten days before the end of the statutory period, an applicant must submit a request for a hearing. Without first hearing what the inventors have to say, the controller may deny his application if this is not done.

How is the patent application process carried out?

You must first apply for a patent before you can get one.
• Fill patent application structure/apply for a patent
• Patent check
• Patent a name
• Documentation
• Patent accommodation after finished with the patent method you can absolutely get the patent of your thought.

After getting a patent for my invention, is it possible to keep its secrets?

No, the patents are only granted if the specifics are made available to the general public. As a result, it cannot be kept a secret.

Software must meet the patentability requirements of being novel, non-obvious (inventive step), and industrially applicable for it to be patented. Additionally, it should not be included in the list of things that are not patentable, etc. In order to avoid paying fees to the government for an invention that is not patentable, it is recommended that you seek professional assistance when conducting a patentability search to ensure novelty.

BasisPatentCopyright
Applies toInventions & IdeasPhotographs, movies, music, software code
ApplicantsInventors and designersArtists and creative professionals
Ownership without registrationNoYes, but rights are limited
Validity20 yearsLifetime of the author, plus 60 years.

Is my app eligible for a patent?

This depends on the app component you want to protect. Getting your technical idea patented is a good option if you want to protect it. The technical concept ought to satisfy the Act's patentability requirements. The trademark would be more practical if you only want to protect the logo and designs used. Copyright can protect literary and artistic works that are included in your app.

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