Enquiry form
Patent is an exclusive right for an invention provided by the law to the Patentee. It enables the patentee to control the making, using, selling or importing of the patented product or process for producing that product without his / her consent. An invention shall qualify following conditions to be patentable in India as it must be a new product or process involving an inventive step and it must be capable of being made or used in an industry. Patent registrations have a validity of twenty years.
Patent Registration Applications are handled by the Patent Office, Controller General of Patents, Designs & Trademarks. Patent applications can be filed electronically with provisional or complete specification, at the appropriate Patent Office.
Only owners of registered patents can sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.
A patent registration in India can be used as the basis for patent registration in other countries. Foreigners and Foreign entities can also register a patent in India.
Only owners of registered patents can sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.
Patent registrations in India are valid for 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete. specification.
After registration, patent becomes intellectual property, which is an intangible asset for an organization. Registered patent can be sold, franchised or commercially contracted.
• Identity Proof of the Inventor and Assignee
• Address Proof of the Inventor and Assignee.
• Contact Details
• Information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed
• Some declarations, among other information
Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending on the type of patent application you are filing.
• Particulars of Assignments
• Details of Foreign filing.
This application is used to declare the inventors of the current patent application
• Background of the Invention
• Disclosure of need of invention
• Summary of the Invention
• Description of how the Invention works.
Request for Examination.
Request for Early Publication.
Disclosure of Power of Authority (If assigned to the Patent Agent)
This is optional (form 9) if the express publication is required.
• Disclosure of Claims and Abstracts
• Requisite Statutory fees ( cheque / DD)
• Proof of Right to file the form of patent:-The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
• MSME or Start-up certificate
• Provisional specifications, if complete specifications are not available.
• Priority document must be filed in the following cases:
• Convention Application (under Paris Convention).
• PCT National Phase Application wherein requirements of Rule 17.1 (a or b) of has not been fulfilled.
• If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent.
• The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
• All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
The process of Patent registration involves various steps, which are as follows in brief:-
Section 120 of the Patent Act penalizes the cases of unauthorized claims to patent rights. Thus, any individual or entity:-
Complete patent application is an exclusive legal right given to an inventor. It gives him/her legal authority to exclude others from making, using, selling, and offering for selling or importing a particular invention.
This right remains valid for 20 years, from the date of filing. The holder of the patent is entitled to sue any person who violates the patent and chooses who to sell, grant or license the patent.
The invention is not patentable if anything-
A Patent Registration application is not examined automatically after its filing.
The patentee has the option to pay the renewal fees every year, or he can pay in a mass sum as well
If the candidate does not file a reply within six months or does not take an extension of 3 months, the request is deemed to have abandoned.
No, there is no fee for filing description for pre-grant opposition. Anybody can file this.
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