In India, patents rank among the most widely used and important forms of intellectual property protection. These are employed in a variety of sectors to safeguard recently developed products. Inventors must, however, go through an online Patent Search process as the first step in the Patent Registration process in order to properly enforce the protection. A specific invention’s patentability is assessed using Patent Search in accordance with the guidelines stipulated by the Indian Acts of Patent in 1970.

It is crucial to carry out patent searches in India because it helps companies and investors evaluate the originality of their ideas and locate previous patents. A comprehensive patent search assists in assessing the likelihood that a patent application will be accepted by locating related patents or published applications. In addition to saving time and money, this reduces the possibility of violating already-filed patents, opening the door for stronger patent applications and, eventually, the protection of the inventor’s priceless intellectual property rights.

Companies are fighting more and more for consumers’ attention since a brand’s identity and distinctiveness are invaluable. It is the first line of defense for your company against abuse or duplication. A few benefits of registering your trademark are increased brand recognition and legal protection. To help you easily manage the trademark registration procedure, we provide comprehensive guidance and support for these.

In India, what is a patent search?

In India, a patent search is a methodical and thorough research carried out to find published patent applications, current patents, and other publicly accessible technical materials that are pertinent to a certain innovation. Before submitting a patent application, this search is meant to ascertain the invention’s novelty and obtain a patent. Finding previous art, or any technology or knowledge that may have an impact on an invention’s possibility of patentability is the goal of an Indian patent search. The search results aid in the understanding of the current state of prior art and assist companies and inventors in making well-informed judgments about pursuing patent protection.

Read Also This – How to File a Patent in India

Types of Indian patent search

To investigate many facets of an invention’s patentability and legal status, searches for Indian patents are done. It is possible to conduct several kinds of patent searches, depending on the goal of the search. The main categories of frequently performed patent searches in India are shown below:

• Search for validity and invalidity: To identify skipped prior arts and declare a patent invalid, an invalidate search must be performed. This is typically carried out in patent infringement lawsuits when a product is accused of violating a patent. If any previous art can be cited, the product owner may declare the patent invalid in a counterclaim for infringement. The patent office usually grants a patent to an invention after searching for and assessing its novelty, which is the rationale behind the invalidity search. Examiners may, however, exclude certain prior arts that may be essential to finding a claim invalid in the course of their investigation. The goal of the invalidity search is to locate these overlooked previous arts and establish the invalidity of a patent that alleges infringement. In contrast, the validity search is carried out to ascertain the validity and trademark registration status of a patent. A search of this kind must be done before purchasing a license through a patent holder.
• FTO or, freedom to operate a search: To identify the enforceable patents that a product that is going to be marketed may infringe upon, the Freedom to Operate search, or FTO, is carried out. The freedom for operating search is jurisdiction-based, and only currently enforceable patents are taken into account. These searches are typically carried out to ascertain the likelihood of infringement that a product may have if it is introduced to the market in a certain country. As a result, other names for these searches are clearance searches and infringement searches.
• State-of-the-art search: A state-of-the-art search is carried out to identify prospective rivals and solutions that may already exist in a certain technological field. Few patents that are representative of a branch of technology are often selected at random. The goal of the state-of-the-art search is to identify the gaps in the current players’ coverage and to more effectively plan initiatives to conduct research and development.

Read Also This – How do I Register a New Patent

Mandatory licensing for patents

According to section 84 of a Indian Patent Act, which is 1970, any interested party or patent license holder may apply to the Controllers for the granting of a compulsory license for the following reasons three years after the patent is granted:

• That the public’s reasonable requirement has not been met.
• The public cannot purchase the patented invention at a fair price.
• India’s territory does not employ the patented invention.

The Indian government will, under certain conditions, award a candidate or a third party a compulsory license to manufacture, use, and market an invention with a patent without the patentee’s consent. The grounds have already been discussed. The main goal behind adopting the provision of mandatory licensing was to:

• Create a monopoly to stop patent exploitation.
• To solve India’s public health issues.
• To utilize the patented innovation through profitable application.

Requirements for Patent Registration

• Novelty: Fresh and inventive; initially revealed to the public.
• Innovative Step: State-of-the-art technological developments that are not widely known
• Industrial Applicability: The ability to be produced in an industrial setting and have a practical use.
• Not Prohibited by the Patent Act’s Sections 3 and 4: To be patentable, anything has to be eligible legally.

Indian Process for Filing a Patent

There are a few easy steps in the patent application process. Prior to filing, you must choose which application to submit. Next, go to the IP India website to start the application procedure. Recall that your application’s documents were the most important component and will determine its outcome.

Choose the Application for Patent: You can start the Indian patent filing process if you’re sure your product satisfies all the standards for patent registration. Selecting the application type to submit to start the patent application process is the first step. You are presented with two possibilities.

1. Provisional Application, which expires after a year of patent protection.
2. Final Application, offering 20 years of uninterrupted patent protection.

Step 1: Perform a patent search

After determining which application to submit, you can go to the following step of the Indian patent filing process, which is the Patent Search. A patent search is done to see if any related inventions have already been patented or are in the general public domain. This is to guarantee that the product that is being applied for patent registration is completely new and not available to the general public. You are ready to go to the next stage if the results of your search are clear.

Step 2: Filing a Patent Application

Form-1 must be filed and submitted along with the specification of Patent on Form-2 as part of the patent application process. At this point, you might need further documents, which we will talk about later. Recall that you have a year to replace a provisional application with a complete one if you have already filed one.

Step 3: Drafting a patent specification

The process of preparing a patent specifications, a comprehensive document including details on the invented product, is the next stage in the filing procedure for a patent. It is submitted with an application to guarantee complete information disclosure to the patent registrar. Legal Raasta experienced legal professionals / trademark attorneys assist you in creating precise and thorough patent requirements. Raise your query if you are required to know more!

Step 4: Publication of the Patent

The next step is for the application to be published in the Patents Journal. It is completed eighteen months following the application date and marks the first instance in which the invention enters the public domain.

Step 5: Make an inquiry about a patent examination

The request is made for a patent examination within 48 months following filing. An examiner is tasked with reviewing the application’s details and objecting to any inconsistencies discovered. Should objections be made, the applicant has a year to respond. To resolve objections, show-cause hearings may be held if the responses are deemed insufficient.

Step 6: Patent is granted

The Registrar won’t think about awarding the inventor patent rights for twenty years from the date of application until all objections have been resolved.

List of Documents Needed to File an Application for Patent

• Form of Application (Form-1): Request for Registration of a Patent.
• Complete/Provisional Specification: thorough explanation of the product’s attributes, capabilities, and features.
• Synopsis of the Innovation: a succinct explanation of the innovation.
• Trademark Attorney in fact: Permission to the individual or organization submitting the application.
• Declaration and Promise (Form 3): A statement on the veracity of the data and the rights of the inventor.
• Document of Priority (if relevant): Proof of priority claims.
• Evidence of Eligibility to File: The innovator is not the required applicant.
• Fee Payment Acknowledgment: Proof that the required fees of patent registration have been paid.
• Form 28: Necessary if the applicant wants to claim a fee refund for being a recognized startup or MSME.

The post Secure Your Brand Name in India Through Patent Registration appeared first on LegalRaasta Knowledge portal.

Understanding Patents: A Foundation

Before delving into the nuances of patent filing, it’s essential to grasp the fundamental concept of patents. A patent is a form of intellectual property that grants its owner exclusive rights to an invention for a limited period, typically 20 years from the filing date. This exclusive right allows the patent holder to prevent others from making, using, selling, or importing the patented invention without their permission.

Read Also This – How to File a Patent in India

Importance of Patent Filing:

Patent filing serves as a strategic tool for businesses and individuals alike, offering a myriad of benefits:

1. Protection of Intellectual Property: Patent filing serves as a crucial mechanism for safeguarding intellectual property. By submitting a patent application, an inventor or business establishes legal ownership of their innovation. This prevents others from unlawfully using, selling, or making the patented invention without permission. Without patent filing, competitors could freely replicate the invention, diluting the value of the original creator’s intellectual property.

2. Market Exclusivity: Patent filing grants the holder exclusive rights to exploit their invention in the marketplace for a limited period, typically 20 years from the filing date. This exclusivity enables the patent holder to establish a strong presence in the market without fear of direct competition from unauthorized parties. As a result, patent filing acts as a strategic tool for gaining a competitive edge and capturing market share, enhancing the overall sustainability and profitability of the business.

Read Also This – Steps to File a Patent in India for an Idea and Product

3. Monetary Value: Patent filing significantly enhances the monetary value of a business or individual’s intellectual property portfolio. A robust portfolio of patents not only demonstrates the organization’s commitment to innovation but also attracts potential investors and stakeholders. Investors often perceive patented technologies as valuable assets with considerable market potential, thereby increasing the attractiveness of the business for funding and investment opportunities. Furthermore, patent filing fosters a culture of innovation within the organization, driving continuous growth and technological advancement.

4. Licensing Opportunities: Patent filing opens up a plethora of licensing opportunities for the patent holder. Through licensing agreements, the patent holder can authorize other individuals or entities to utilize their patented technology in exchange for royalty payments or licensing fees. This not only generates additional revenue streams for the patent holder but also facilitates the widespread adoption and commercialization of the invention. Moreover, licensing agreements can foster strategic partnerships and collaborations, enabling the patent holder to leverage the expertise and resources of other industry players to further develop and market their innovation.

5. Legal Recourse: In the event of patent infringement, patent filing provides the holder with robust legal recourse to protect their rights and enforce their exclusivity. By obtaining a patent, the holder gains the legal authority to take legal action against infringing parties, seeking remedies such as damages, injunctions, and licensing agreements. Patent filing empowers the holder to defend their intellectual property rights in court, deterring potential infringers and safeguarding the commercial viability of the invention. Additionally, the mere existence of a patent filing can act as a deterrent against potential infringement, as competitors are aware of the legal consequences associated with unauthorized use of the patented technology.

Read Also This – Patent Registration in India

In summary, patent filing is a strategic imperative for businesses and individuals seeking to protect their intellectual property, gain market exclusivity, enhance monetary value, explore licensing opportunities, and enforce legal recourse against infringement. It serves as a cornerstone of innovation-driven growth and commercial success in today’s competitive landscape.

The Patent Filing Process:

The patent filing process can be complex and multifaceted, requiring careful planning and attention to detail.

1. Conduct a Patent Search: Before initiating the patent filing process, it’s imperative to conduct a thorough patent search. This step ensures that the invention is truly novel and doesn’t infringe upon existing patents. By scrutinizing prior art and existing patents, inventors can ascertain the uniqueness of their innovation, mitigating the risk of encountering legal obstacles during the patent filing process.

2. Drafting the Patent Application: The cornerstone of the patent filing process is drafting a comprehensive and detailed patent application. This document serves as the blueprint for the invention, providing a thorough description of its features, functionality, and potential applications. Additionally, the patent application includes essential components such as drawings, claims, and an abstract, which collectively define the scope of protection sought by the inventor. Careful drafting is essential to ensure that the patent application effectively captures the essence of the invention and withstands scrutiny during examination.

3. Filing the Application: With the patent application meticulously drafted, the next step is to file it with the relevant patent office. This stage involves submitting the application along with the requisite filing fees, initiating the official patent filing process. Timely and accurate filing is critical to securing priority rights and commencing the examination process without delay.

4. Examination Process: Following the patent filing, the application undergoes a rigorous examination by a patent examiner appointed by the respective patent office. During examination, the examiner evaluates the patentability of the invention, assessing criteria such as novelty, non-obviousness, and utility. This phase is pivotal in determining the fate of the patent application, as the examiner’s findings influence the grant or rejection of the patent. Diligent preparation and adherence to patentability requirements are essential to navigate this stage successfully.

Read Also This – Why is Patent Registration important

5. Responding to Office Actions: Throughout the examination process, patent applicants may receive office actions from the examiner, highlighting concerns or objections regarding the patent application. These office actions may necessitate clarifications, amendments, or additional evidence to address the examiner’s inquiries effectively. Timely and well-crafted responses are crucial to overcoming objections and advancing the patent filing towards grant. Clear communication and cooperation with the patent office facilitate a smoother examination process, increasing the likelihood of a favourable outcome.

6. Grant of Patent: Upon satisfying all patentability requirements and addressing any concerns raised during examination, the patent filing culminates in the grant of a patent. This milestone confers exclusive rights to the inventor, providing legal protection and recognition for their innovation. With the patent granted, the inventor gains the authority to enforce their intellectual property rights and prevent unauthorized use or exploitation of the invention. The grant of a patent signifies the successful culmination of the patent filing process, affirming the inventor’s ingenuity and creativity.

Read Also This – How do I Register a New Patent

In essence, the patent filing process is a meticulous and multifaceted journey that requires careful planning, attention to detail, and adherence to legal requirements. By navigating each step with precision and diligence, inventors can secure valuable intellectual property rights and unlock the full potential of their innovations.

Common Pitfalls to Avoid –

While patent filing offers numerous benefits, there are several common pitfalls that inventors should be aware of:

1. Lack of Novelty: One of the primary requirements for obtaining a patent is that the invention must be novel, meaning it is not already disclosed in prior art. Failing to conduct a thorough patent search can result in the rejection of the application.

2. Insufficient Description: A patent application must provide an adequate description of the invention to enable others skilled in the art to replicate it. Inadequate disclosure can lead to the rejection of the application or the invalidation of the patent.

3. Overly Broad Claims: While it’s essential to draft claims that cover the scope of the invention, overly broad claims can be rejected by patent examiners. It’s crucial to strike the right balance between breadth and specificity when drafting claims.

4. Failure to Respond to Office Actions: Ignoring or delaying responses to office actions can prolong the patent examination process and increase the risk of rejection. It’s important to address examiner concerns promptly and thoroughly.

5. Public Disclosure: Publicly disclosing the invention before filing a patent application can jeopardize the novelty of the invention and render it unpatentable. Inventors should exercise caution to avoid premature disclosure.

Tips for Maximizing Success in Patent Filing:

To increase the likelihood of a successful patent filing, consider the following tips:

1. Work with a Patent Attorney: Enlist the services of a qualified patent attorney or agent who can provide expert guidance throughout the patent filing process.

2. Keep Detailed Records: Maintain detailed records of the invention, including notes, sketches, prototypes, and testing data. These records can serve as valuable evidence during the patent examination process.

3. File Early: In most countries, patents are awarded on a “first-to-file” basis, meaning that the first inventor to file a patent application is granted the patent rights. To avoid potential conflicts, file the patent application as soon as possible.

Read Also This – How to Become a Patent Agent in India

4. Review Patent Strategies Regularly: As technology and markets evolve, it’s essential to review patent strategies regularly to ensure alignment with business objectives and emerging trends.

5. Consider International Protection: If the invention has global market potential, consider filing for international patent protection through mechanisms such as the Patent Cooperation Treaty (PCT) or regional patent offices.

Conclusion –

Innovation lies at the heart of progress, driving economic growth, technological advancement, and societal development. Patent filing plays a crucial role in protecting and fostering innovation, providing inventors with the exclusive rights to their creations. By understanding the intricacies of the patent filing process, avoiding common pitfalls, and implementing best practices, inventors can maximize their chances of success in securing valuable patent protection for their inventions.

The post What is the Process of Patent Filing Globally? appeared first on LegalRaasta Knowledge portal.

Understanding Patents:

At its core, a patent is an exclusive right granted to an invention under the Patents Act. Defined as a new product or process with an inventive step and industrial applicability, patents serve as vital shields against unauthorized use, sale, or importation of the patented product or process. It’s imperative to meet the patentability requirements, ensuring novelty, inventive step, and industrial applicability.

Technical Aspects of Patent Filing:

The patent filing process in India encompasses several technical aspects, beginning with the application itself. Form 1 serves as the initial step, requiring detailed inventor information. Additionally, Form 2 necessitates a comprehensive specification of the invention, distinguishing between provisional and complete specifications. It’s noteworthy that complete specifications must be submitted within twelve months to avoid abandonment.

Moreover, Form 3 mandates a statement and undertaking for international patent applications, emphasizing transparency in filing procedures. Form 5 underscores the declaration of inventorship, crucial for establishing ownership rights. Lastly, Form 26 facilitates the appointment of a patent agent, streamlining communication with regulatory authorities.

Read Also This – Patent Registration in India

Steps to Register a Patent:

Navigating through the patent registration process involves meticulous planning and adherence to regulatory guidelines. Firstly, inventors must meticulously document every detail of their invention, ensuring compliance with patentability criteria and exclusionary provisions outlined in section 3 of the Patents Act.

Conducting a thorough patent search precedes drafting the patent application, crucial for identifying existing inventions and avoiding potential rejections. Subsequently, drafting the application demands meticulous attention to detail, encompassing various facets of the invention, from its background to its industrial application.

Filing the application marks a significant milestone, with options for both physical and electronic submission. Timely submission of requisite forms alongside applicable fees is paramount for initiating the patent registration process. Notably, filing complete specifications within the stipulated time frame secures precedence for the application.

Upon submission, patent applications undergo an 18-month publication cycle, as per Rule 24 of the Patent Rules. However, applicants seeking expedited publication can opt for early publication by filing Form 9, expediting the process within one month of submission.

Subsequent to publication, applicants must file a request for examination within 48 months, triggering scrutiny by regulatory examiners. While examination isn’t automatic, timely submission of examination requests ensures procedural continuity. Addressing objections raised during examination necessitates prompt responses within a six-month window.

Successful resolution of objections culminates in the issuance of a patent grant order, marking the culmination of the patent registration process. Any opposition to the grant must be filed within one year of publication, highlighting the importance of vigilance during post-examination phases.

Strategies and Considerations to Maximize Patent Filing:

1. Strategic Patent Drafting:

Furthermore, inventors should consider the long-term implications of their patent claims, aiming to secure broad yet defensible protection for their invention. This strategic approach enhances the value of the patent portfolio and facilitates future licensing or enforcement efforts.

2. International Patent Protection:

In an increasingly globalized economy, securing international patent protection is essential for maximizing the commercialization potential of inventions. The Patent Cooperation Treaty (PCT) offers a streamlined mechanism for filing patent applications in multiple countries, providing inventors with a cost-effective and efficient route to international protection.

Read Also This – How to Apply Patent Registration Online In India

3. Patent Prosecution Strategies:

Moreover, patent prosecution strategies should align with broader business objectives, considering factors such as market dynamics, competitive landscape, and potential licensing opportunities. By integrating legal and commercial considerations, inventors can optimize the value and enforceability of their patent rights.

4. Commercialization and Licensing:

5. Patent Portfolio Management:

6. Enforcement and Litigation:

Read Also This – Steps to File a Patent in India for an Idea and Product

Conclusion:

In conclusion, patent filing in India represents a pivotal step towards safeguarding intellectual property rights. While the process may be arduous and multifaceted, the rewards of exclusive rights and commercial protection far outweigh the challenges. With heightened awareness of intellectual property rights, aspiring inventors must navigate the patent filing landscape with precision and diligence, ensuring their innovations receive the recognition and protection they deserve.

The post How to File a Patent in India? appeared first on LegalRaasta Knowledge portal.

Understanding the Significance of Patent Registration in India:

Patents are a fundamental part of intellectual property rights, providing inventors and creators with a legal shield against unauthorised use or exploitation of their inventions. Patent registration encourages inventors to disclose their inventions to the public, contributing to the dissemination of knowledge and technological advancement. By granting exclusive rights, patents stimulate further innovation and attract investments into research and development.

Read Also This – How to Become a Patent Agent in India

Requirements for Patentability in India:

Before proceeding with the patent registration process, it is essential to ensure that the invention fulfils the following essential requirements for patentability:

1. Novelty: The invention must be new and not known or used anywhere in the world before the date of filing the patent application in India.

2. Non-Obviousness: The invention should involve an inventive step that is not obvious to a person skilled in the relevant field of technology.

3. Industrial Applicability: The invention must have practical utility and be capable of being used in an industrial application.

4. Exclusion of Subject Matters: Certain subject matters, such as discoveries, scientific theories, mathematical methods, abstract ideas, and laws of nature, are not considered patentable in India.

Types of Patents in India:

India recognizes two types of patents, each serving distinct purposes:

1. Utility Patents: Also known as invention patents, utility patents cover new and useful processes, machines, articles of manufacture, and compositions of matter. These patents are the most common type of patents filed in India.

2. Design Patents: Design patents protect the ornamental or aesthetic appearance of a product, without affecting its functional aspects. They are applicable to the shape, configuration, pattern, or ornamentation of an article.

Step-by-Step Procedure for Patent Registration in India:

The patent registration process in India involves several stages, starting from the preparation of the patent application to the grant of the patent. Here is a step-by-step guide to the patent registration process:

Step 1: Patent Search and Prior Art Analysis:

Before filing a patent application, it is essential to conduct a thorough patent search to identify existing patents or prior art similar to the invention. A prior art analysis helps ascertain the novelty and patentability of the invention.

Step 2: Preparation of Patent Application:

The next step is to prepare the patent application, which includes the following components:

i. Title and Abstract: The title should succinctly describe the invention, and the abstract provides a brief summary of the technical features.

ii. Description: The description should be detailed and comprehensive, providing a clear understanding of the invention and its operation.

iii. Claims: The claims define the scope of protection sought for the invention. It is essential to draft clear and well-defined claims to ensure comprehensive protection.

iv. Drawings (if applicable): Drawings or diagrams may be required to explain the invention more effectively.

Step 3: Filing the Patent Application:

The patent application can be filed online or through physical submission at the Indian Patent Office (IPO). The applicant must provide all relevant details and documents while filing the application.

Step 4: Formal Examination and Publication:

After filing, the patent application undergoes a formal examination by the patent office to ensure that all necessary documents and information are in place. Once the application is deemed complete, it is published in the Official Journal of the Indian Patent Office.

Step 5: Request for Examination:

Within 48 months from the date of filing the application or the date of priority, the applicant must submit a request for examination to the patent office. This request triggers the substantive examination process.

Step 6: Substantive Examination:

During the substantive examination, the patent office thoroughly evaluates the patent application to assess its compliance with patentability criteria. The examiner may issue office actions seeking clarifications or modifications to the application.

Step 7: Response to Examination Report:

If the patent office raises objections or issues during the examination, the applicant must submit a response addressing these concerns. The response should include the necessary amendments or explanations.

Step 8: Grant of Patent:

If the patent office is satisfied with the examination response and finds the invention to be patentable, it grants the patent to the applicant. The applicant becomes the patent holder and gains exclusive rights over the invention for the specified period.

Read Also This – How do I Register a New Patent

Benefits of Obtaining a Patent in India:

Obtaining a patent in India offers several advantages to inventors, businesses, and the overall economy:

1. Exclusive Rights: Patent holders have exclusive rights over their inventions, allowing them to prevent others from using, making, or selling the patented invention without permission.

2. Commercialization Opportunities: Patents enable inventors to commercialise their inventions through licensing, technology transfer, or joint ventures, generating revenue and fostering economic growth.

3. Market Advantage: Patents provide a competitive advantage, allowing inventors to differentiate their products from competitors’ offerings.

4. Protection Against Infringement: Patents provide a legal basis for taking action against infringers, deterring potential violations of intellectual property rights.

5. Research and Development: Patents stimulate research and development activities by offering inventors an incentive to invest in innovation.

6. Attracting Investments: Patented inventions are attractive to investors and venture capitalists, leading to increased funding opportunities for inventors and businesses.

Read Also This – How to Apply Patent Registration Online In India

Conclusion:

Patent registration in India is a crucial process for inventors and creators seeking to protect their innovations and inventions. By securing exclusive rights, patents encourage research and development, foster innovation, and drive economic growth. The patent registration process involves several stages, starting from patent search and prior art analysis to the grant of the patent. India’s patent system is in line with international standards and provides inventors with robust protection for their intellectual property. As India continues to embrace innovation and entrepreneurship, patent registration will play a pivotal role in stimulating technological advancement and establishing India as a hub for innovation on the global stage. Inventors and businesses should recognize the significance of patent protection and diligently follow the patent registration process to capitalise on their inventive creations and contribute to India’s progress as a knowledge-driven economy.

The post Patent Registration in India appeared first on LegalRaasta Knowledge portal.

What Innovations Cannot Be Patented?

• According to the Patent Act of 1970, the following are not inventions: discrimination against a person’s life, health, or environment, or that of an animal, a plant, or both. A scientific principle must be discovered, an abstract theory must be created, and any substance, living or not, must appear in nature.
• The qualities of the components are combined via simple mixing.
• Simple rearranging or arrangement of natural devices.
• Any agricultural or horticultural technique, whether curative, preventative, curative, or surgical.
• Using a computer programme or other mathematical techniques to play the game.
• Atomic power is not patentable.

Patent Registration process in India

1. Start by conducting a Patent Search at https://www.legalraasta.com/patent-registration/ to see whether or not a patent has previously been registered.
2. A Form-1 application and the requisite filing fee for the patent register are submitted to the patent office. A patent specification, or Form 2, is a part of any application for a patent.
3. Following submission to the patent office, the patent application will be published in the official patent journal.
4. Before being awarded, a patent must be examined and to request an examination or inspection, use Form 18.
5. After a thorough search, the First Examination Report (FER) in this case is submitted or issue. The first examination report for the application and any grounds for objections are created by the examiner.
6. The applicant must submit a written response to each objection mentioned in the examination report in order to establish patentability. Physical hearings or video conferencing are employed for this.
7. After the Patent Officer has confirmed that all objections have been addressed, the patent is awarded and the website’s application status is changed. After the invention is registered, a Patent Certificate might be obtained in six to one and a half year.

Obstacles you’ll have to deal with without a lawyer for patent register

• Since a patent is a techno-legal document, its drafting necessitates the use of both technical and legal skills. In other words, while anyone can design their own patent application, doing so merely as a technical document without taking into account the legal implications may limit the breadth of protection in the application and make all research and development efforts meaningless.
• Although creating a thorough patent application with compelling patent claims is the first step in the legal process in India to secure a patent, it is crucial to conduct a prior Patent search and determine whether the invention is patentable. The patent application is then written and submitted to the patent office in accordance with the established regulations. Following filing, the application is reviewed; if objections are made, the applicant must respond promptly.
• The patent application is scrutinized during the crucial patent prosecution phase. The applicant must promptly address any objections made in a patent office action in order to proceed. The experience of a patent specialist is quite helpful when submitting excellent responses to the office action report in a timely manner. Additionally, the territoriality principle forms the foundation of patents. Therefore, it is preferable to obtain expert assistance if a patent needs to be submitted in several nations because the specifics of the application process vary depending on the jurisdiction.

Why think about hiring a professional to file your patent?

• It’s crucial to keep in mind that a person may still face objections to a patent register they submitted even after the patent has been granted. The legal protection provided by the patent may have a limited reach as a result of the poorly written, incomplete yet short patent claims, allowing rivals to “design around.” This would invalidate the commercial value of the inventor’s invention and make the patent useless. Because of this, a patent professional’s skill in drafting patent claims aids a fruitful patent grant and guarantees the patent’s commercial value.
• The apparent cost-saving benefit of self-filing a patent application is naive because hiring a patent professional is no less than an investment and can reduce application errors and make the complicated process of getting a patent simpler. The advantages gained from the invention’s commercialization, assignment, or licensing can also be used to offset the costs of engaging a professional writer for the patent register in cases when the patent claims are written correctly.

Conclusion

Despite the lengthy and challenging nature of the entire Patent Register Process, it is vital to remember this. In conclusion, the question of whether a person can submit a patent application on their own is answered in the positive. However, it inevitably raises the issue of how comprehensive, defendable, and financially viable such a patent would be. In order to prevent problems and make sure that the gained patent is useful in the long term, hiring a professional’s services is advised notwithstanding the cost savings associated with filing a patent application. So, we’ve covered in this blog what difficulties you’ll have without expert assistance or self-registration of your patent. You can get assistance from the legal authorities if there is ever an infringement to avoid issues that could end up being a barrier to your advancement. We assist our clients in preparing and submitting Indian patent applications. So get in Touch with LegalRaasta for any technical Patent Registration Assistance in India and put any concerns about patent infringement to rest.

The post Can I Register patent myself in India? appeared first on LegalRaasta Knowledge portal.

Different types of patent applications for patent register

1. a) Provisional Patent application

A Provisional Patent application is a provision provided by Indian Patent Law, which allows an applicant to register patent an early priority date for his invention. As the Indian Patent system follows the first to Register Patent system, it is important to secure the invention in the early stage. However, the provisional patent application is a temporary Patent Registration. As a result, within twelve months of the priority date or the date on which a provisional patent application was filed, a complete patent application must be filed. The previously filed provisional patent application will be regarded as abandoned if the full patent application isn’t submitted within the required window of time after the provisional patent application. As a result, it’s crucial to submit a full patent application within the required timeframe after submitting a provisional patent application. Additionally, there are less filing procedures and legal requirements for submitting a provisional patent application than for submitting a full patent application.

Additionally, submitting a provisional patent application requires fewer technical details about the invention, which saves time, money, and effort. Therefore, one can protect his innovation while it is still in the conception stage by submitting a provisional Patent application at an early stage. The right to request a patent for an innovation belongs to the first individual to submit an international or Indian patent application. We provide services including assistance with various types of patent applications and Indian patents.

b) Complete Patent application/Non-provisional Patent application

A complete patent application is one that has been submitted to the Patent Office permanently. It is a techno-legal document that calls for specific technical, structural, and functional information about the invention that should fully and accurately characterise it. It must be written in accordance with the Patents Act & Rules. The title of the invention, an abstract, claims that are enabled by the invention’s description, the best way to use the invention, and illustrations should all be included in the specification of a full patent application.

c) Patent Cooperation Treaty PCT application

The treaty’s goal is to make it easier for applicants from member countries to submit a single patent application for numerous countries. Any applicant from one of the participating nations may submit a PCT application for a patent. It may be submitted directly with the International Bureau (IB) of WIPO or within the member countries. It is crucial to submit a PCT application within a year of the priority date if an applicant is claiming a priority date for a filed Patent application from another nation and intends to do so. The international filing date shall be taken into account as the priority date if an applicant files a PCT application straight without claiming any priority. You Can Register Patent in Delhi and other regions of India with the assistance of a patent filing service provider.

And also they provide guidance related to patent, Indian patent application and types of patents in India. One crucial aspect here is that, absent the submission of a comparable National Phase Patent application in the intended member nation, the PCT application itself is neither a patent application nor does it automatically give protection in any of its member countries. The applicant may get a number of advantages by submitting a PCT application. It extends the entry period into any of its member states by an additional eighteen months. The applicant has thirty/thirty-one months to file the National Phase Patent application in any of its member countries if the applicant is filing a first Patent application in the member country. By adjusting one’s patent application in light of the search report before entering the National Phase of the target nation, one may increase the likelihood that the application will be granted a patent in the member nation. Additionally, by taking the search report into account, an applicant may decide how strategically to enter the member nation.

d) Convention Patent application

An application for a convention patent register is one that was separately submitted in one or more convention countries. In this situation, submitting a convention patent application enables the applicant to assert the priority date based on an earlier submission of an identical or substantially similar application in one or more convention countries. To obtain the convention status in India, a patent application must be filed with the Indian Patent Office within a year of the date on which a comparable application was originally filed in the convention country.

e) Patent of addition Patent application

The Indian Patents Acts of 1970 include a provision known as the Patent of Addition. If an invention for which an applicant has already applied for or secured a patent undergoes a minor alteration, the applicant may seek a patent of addition to cover the new modification. The benefit of registering a Patent of Addition is that it does not call for a separate renewal Patent cost. It shares the same fees and expiration date as the primary Patent.

f) Divisional Patent application

Multiple inventions may occasionally be claimed in a single patent application submitted by the applicant. In this case, the patent application can be divided into two or more separate ones, each of which is referred to as a divisional patent application. If the applicant believes his previously filed patent application contains more than one invention, he may choose to divide the patent application voluntarily. In the second situation, the applicant must split the patent application into two or more divisional patent applications in accordance with the directive given by the patent controller. All divisional Patent register entries will share the same priority date as the parent or principally filed Patent application.

Conclusion

There are several ways to protect your real invention from any kind of Infringement from a third party in India. Hence, any person applying to register Patent in India is required to understand the basic mandatory requirements for filing different types of Patent Applications in India.You can get assistance from skilled professionals at Legalraasta with the India Patent Registration Process. Throughout the Patent Registration Process, our professionals will help and direct you. Legalraasta’s knowledgeable experts will make sure your task is finished efficiently and on schedule.

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