David Registration of Patent in India

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Registration of

Patent in India
The patent registration process in India can be complex, but it's
essential for inventors and businesses to protect their intellectual
property. Learn the key steps and requirements.

by David Barman
Patent Registration Process
1 Step 1: Patent Search
Conduct a thorough patent search to ensure your invention is unique
and meets the eligibility criteria for patent registration.

2 Step 2: Filing Application


Prepare the required documents and file the patent application with the
Indian Patent Office, along with the prescribed fee.

3 Step 3: Examination & Approval


Your application will undergo examination to determine its novelty and
inventive step. Once approved, a patent is granted.
Eligibility Criteria for Patent
Registration

1 Novelty 2 Inventive Step


Your invention must be new and not Your invention should involve an
disclosed publicly before filing the patent inventive step, meaning it should not be
application. obvious to a person skilled in the field.

3 Industrial Applicability 4 Non-Patentable Subject


Your invention should have practical use
Matter
and applicability in any industry. Certain subject matters such as
mathematical models, algorithms, or
natural processes are not eligible for
patent registration.
Patent Specification and
Documents
Provisional Complete Abstract
Specification Specification Write an abstract that
Submit a provisional Submit a complete summarizes the essence of
specification describing your specification within 12 your invention and its
invention in detail, including months of filing the technical aspects in a clear
its features and advantages. provisional application, and concise manner.
providing full and exhaustive
details of your invention.
Examination and Approval
Process

1 Request for
Examination
File a request for examination within
Examination Report 2 48 months from the priority date or
An examination report will be issued, filing date of the application.
which may include objections or
requirements for amendments to the
patent application. 3 Response & Hearing
Prepare and submit a response
addressing the objections or

Grant of Patent requirements. A hearing may be


4
scheduled if necessary.
If the patent application is found to be
in order, a patent will be granted,
providing exclusive rights and
protection for the invention.
Patent Act 1970: Key Provisions
and Amendments
Patentable Subject Matter Term of Patent
The Patent Act defines what can be A patent is granted for a period of 20 years
patented, including inventions, processes, from the date of filing the application,
and products that meet the eligibility criteria. subject to the payment of renewal fees.

Compulsory Licensing Amendment in 2005


Under certain circumstances, the The Patent Act was amended in 2005 to
government can grant licenses to others to comply with international standards and
commercially use a patented invention strengthen the protection of intellectual
without the consent of the patent holder. property rights.
Rights and Protection under
the Patent Act
1 Exclusive Rights 2 Monopoly Power
A patent holder has exclusive rights A patent grants a temporary
to make, use, sell, or import the monopoly to the inventor, allowing
patented invention, preventing them to financially benefit from their
others from using it without invention and recover research and
permission. development costs.

3 Legal Protection
The Patent Act provides legal remedies, including the right to sue for infringement
and seek damages for unauthorized use of a patented invention.
Importance of Patent
Registration

Protection for Competitive Monetization


Innovators Advantage Opportunities
Patent registration safeguards Having a patent can provide a Patents can be monetized
inventors' intellectual property competitive edge in the through licensing, selling, or
rights, encouraging innovation market, granting exclusive partnering with other
and rewarding their efforts. rights over a particular businesses, generating
technology, product, or additional revenue streams.
process.

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