Registering a patent in India.

Registering a patent in India.

The whole point of patent and patent registration is to encourage more and more people to come out with inventions, big or small, so that it can provide the inventor with exclusive rights for a limited duration. Without any such patent rights, the possibility of the invention will diminish as there will be more chances of it being exploited. The patent includes the procedure or a method of the invention, be it art, a particular apparatus, machine, computer software, technical application, chemical or drugs.

Patent Registration in India:

The registration of the patent will grant the owner or the inventor the full freedom of the product. The owner will be allowed to use, sell or import the product and registration will prohibit others from copying it. The patents in India are governed by the Patent Act, 1970 and Patent Rules 1972 which provides exclusive rights to use the patent for 20 years.

Registration of patent is done in two ways which include provisional and complete filing of the application under Form 2 of the same.

According to the Indian Patent Act Invention is defined as follows:

Invention means any new and useful:

  1. i)    Art, process, method or manner of manufacture,
  2. ii)    Machine, apparatus or another article,

iii) Substance produced by the manufacture and includes any new & useful improvement of any of them.

Essentials to determine whether an invention is patentable or not:

  1. The primary and most important feature to qualify as a patent is that it should be novel and not be a part of any existing art.
  2.  The patent should be the outcome of inventive activity and not easy for a layman to come up with a similar product.
  3.  The step of the invention should be innovative and not apparent.
  4. The patent should have utility
  5. It should not be contrary to the law and to morality.

Summary of Provisional Patent Registration:

What is a Provisional Patent Registration:

Provisional Patent Registration is an initial step of filing the patent application. It includes the specification and basic procedure of the patent. If a person wants to register a patent but does not have a complete design or method that is patentable, the person may opt for provisional Patent Registration to secure their work.

 

Benefits of Provisional Patent:

  • Cost-beneficial
  • Sets Priority Rights over the Patent
  • Secure the worth of Invention
  • Provides extra time to make further changes.
  • Monetary Returns

       

       Document required for Provisional Patent Filing:

             – Title

             –  Information of the Applicants

             –  Description of the patent

             – Technical aspect involved in the Invention

Why registration of the Patent is important:

  • Registration of patents gives the right to own the patent.
  • It uplifts the interest of the business as it promotes the patent holder to ascribe a premium for the invention.
  • A patent is treated as property, therefore, it can be licensed or sold to any other person.
  •  It also protects the patent from being copied.   The patent owner can only permit other people regarding the use of patent according to the terms and condition of the same.
  • The credibility will be provided to the patent holder once the patent is registered.
  • In case of any infringement or violation, it gives the right to bring the suit against the third party.
  • Improves market credibility of the patent holder.

Stages of the Patent Process in India:

  • The first stage is to the filing of the application for grant of the patent. (Form 1)
  • The application will be further classified into the provisional or complete specification. (Form 2)
  • The third step is only done in India where the statement is undertaken under Section 8 of the Act. (Form 3)
  • The Declaration certificate is granted as to inventorship. (Form 5)
  • Forms to be submitted only by start-ups and small entities. (Form 28)


The patent law in India grants royalty in the form of exclusive rights provided to the patent holders, also it acts as a mechanism for the Government to use the patented inventions under certain circumstances. It promotes and uplift the inventors to increase the invention and also attract more beginners to the market. Team Delfyle wishes you the very best of luck for your amazing journey ahead. In case of any further queries, feel free to get in touch with us at info@delfyle.com for a chat, absolutely free of cost!

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