Patent Registration


Get your patent registered by Taxwala and protect your invention.

  

Provisional Patent ₹. 29,999 Onwards

Permanent Patent ₹. 49,999 Onwards

WHAT IS PATENT


 

A patent is a set of exclusive rights granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention. An invention is a solution to a specific technological problem and is a product or a process. Patents are a form of intellectual property. A patent registration helps in getting an intellectual property right to an invention carried out by it's owner. In India, IP department has been initiated to grant someone the right to register their invention under patent. All the necessary documentation must be produced before authority related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. Patent does not long for a lifetime. After a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. 

PATENTABILITY


 
 

Patentable Subject Matter:i.e., a kind of subject-matter eligible for patent protection

Novelty: i.e. some part of it or at least some aspects of it must be new and has not been published in India or elsewhere before the date of filing of the patent application in India.

Non Obviousness/Inventive Steps: This principle asks whether the invention is an adequate distance beyond or above the state of the art. If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.

Useful/Industrial Applicability: i.e. for an invention which can be made or used in some kind of industry. In this context, the concept of "industry" is far-reaching: it includes agriculture, for instance. An example of invention which would not be susceptible of industrial application is "a method of contraception to be applied in the private and personal sphere of a human being". Invention should be useful, such that it can be used in an industry.

BENEFITS OF PATENT REGISTRATION


 
 

Ownership of Patent : With registering patent in India you own your invention for 20 years. Your invention gets protection for a 20 year which helps you to protect your invention.

Business Growth:  You can build your business around the registered patent. It can be licensed to other companies to receive royalty payments. 

Patent protects invention: It an intellectual property which protects your invention and prevents other to use it without your prior permission.

Sell or transfer patent right: You can sell, transfer or your patent. This will help you to build more business around the world.

REGISTRATION PROCESS


Patent Registration is a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly.

Step 1: Patentability search- A thorough search is performed for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, than patent is not granted. Patentability search saves you from the effort of going through the year long registration process. You can stop if the patent is already registered.

Step 2: Patent domicile – Patent which are registered in India is only valid for India. It protects your invention in India only and does not apply to other countries. There is the possibility to protect your invention in other countries as well. For same, you need to apply for a separate application in each country.

Step 3: File Patent application – An application should be filed with the department before disclosing all the details about your invention.

Step 4: Patent Examination – The Patent office of the Indian government reviews your patent application. They check for any existing patents granted on similar idea.

Step 5: Clearing the objections- Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report with patent professional (patent agent) and creating a response to the objections raised in the examination report. This is a chance for an inventor to communicate his novelty over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s. If they find the invention unique and patentable, then they grant patent for the application.

Step 6: Patent Grant – Once the patent is granted, the application status is updated online at the Patent site. It can take from 6 months to even 18 months for a patent certificate to be granted.

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