Patent Registration in India

Introduction of Patent Registration in India:

A patent is an exclusive property right which granted by the government to a person or firm for an invention. It is an inventive solution which provides the inventor with the full freedom of their products. Moreover, it allows the inventor the top right of making, using or selling and prohibits others from inventing the existing technology. The patent registration in India is administered by the Patent Act 1970.

According to the Patent Act 1970, the lifetime of Patent Registration is 20 years. However, the Patent rights are granted for a limited period, but the act of congress could extend it.

 Patent Registration Process:

These are the following step you need to follow to complete the Patent Registration process :
Filling Patent Application Form :
First of all, the applicant needs to fill the form and provide some necessary information which will be required while filling for patent registration to get a patent.

Conduct Patent Search :
In this step, when the applicant provides all the documents, they will conduct a patentability search for the applicant.

Prepare Application :
Firstly, after conduct Patent search, the applicant will prepare the Application Form 1. Secondly, the inventor or applicant attach patent specification with each application in Form 2, where the provisional specification is mention depending upon the state. Finally, based on applicant necessary information, the patent application will be drafted.

Patent Submission :
After the final review, the applicant patent application will file in the Indian patent office.

Examination :
In this step, the applicant patent application is thoroughly examined before the patent is granted. The examination process will not be delayed. The application passed on the patent officer who checks every terms and condition according to rules and regulations.

Confirmation :
Finally, after submitting all documents and patent application, the applicant will receive the acknowledgement via mail.

Document Required for Patent Registration:

These are the following documents required for Patent Registration in India :

First of all the applicant need to fill the Form 1
Proof of right to file Patent Form
Report and undertaking under section-8 in Form-3(if applicable)
If an agent files the patent application then the power of administration in form 26
If the application belongs to biological material, then it needs approval from the National Biodiversity Authority before the grant of patent.
The source of geographical origin introduced in the case of biological material used in innovation.
The applicant signature is mandatory in the application.
The applicant must sign the last sheet of the complete specification.
Cost Incurred:

These are the following costs that will charge for the patent registration process:

For Provisional Patent (Rs 19,999 onwards)
For Permanent Patent (Rs 35,999 onwards)
Pros of Patent Registration:

Patent Registration keeps the adversaries, and the inventor has possessed all the rights.
It also increases your business revenues as it enables the patent holder to charge a premium for invention.
You can also license or sell them because it just likes another kind of property.
Moreover, it also helps to raise capital for your business if you want to sell the patent that you possess.
When the registration is done the credibility of the inventor increase Patent Registration helps to sue the third party in case of violation. It helps the inventor to improve their credibility in the market

Drafted By:
CS.A.Maniraj.,B.Com.,ACS.,CA(Fin), Independent Director 
Certified CSR Professional., Certified GST Professional.

Patent Registration in India
Maniraj Anantham 3 December, 2022
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