Patent Registration
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Complete specifications registration of device patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by BmcsIndia expert.
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Patent Registration
Patent Registration In India, patent registration can be acquired for an invention. A patent is a legal right conferred by the government upon an individual or entity, which prohibits others from making, using, selling, or importing the patented product or process without the consent or approval of the patent holder.
The initial and crucial step for an inventor to protect their innovation from unauthorized use is to file a patent application. The patent application process in India is known for its intricacy and time consumption. However, with the assistance of BmcsIndia, you can streamline and simplify the registration process, making it hassle-free and efficient.
Types of Patent Application in India
Provisional Application: A provisional application, often referred to as a temporary application, is used when an invention is still in progress and not yet complete. Filing a provisional application offers the advantage of preventing other related inventions from being recognized as prior art against the inventor’s application. This type of patent application is suitable for inventions that require additional development time.
Ordinary or Non-Provisional Application: An ordinary or non-provisional application is filed when there is no need for priority claims, or the application is not linked to a previous convention application. There are two methods for submitting a complete specification:
Direct Filing: The complete specification is initially submitted to the Indian Patent Office without any corresponding provisional specification.
Subsequent Filing: The complete specification is filed after the provisional specification and claims priority based on the provisional filing.
Convention Application: A convention application is filed to claim a priority date based on a similar application filed in one of the convention countries. To secure convention status, an applicant must apply to the Indian Patent Office within one year from the date of the initial filing in the convention country. In simple terms, a convention application allows the applicant to claim priority in all convention countries.
PCT International Application: A PCT international application does not lead to an international patent grant but streamlines the patent application process in multiple countries simultaneously. Governed by the Patent Cooperation Treaty (PCT), this application can be validated in up to 142 nations, protecting the innovation from being copied in these countries.
PCT National Application: If an applicant finds that an invention, or a minor modification of it, has already been applied for or patented, they can file a PCT National application. This option is suitable when the invention does not involve a significant inventive step.
Divisional Application: When an application encompasses more than one invention, the applicant can opt to divide it and file two or more separate applications. These divisional applications share a priority date with the parent application.
Requirements for Patentable Inventions
According to the Patent Act, an invention must be a novel product or method that involves an inventive step and can be applied in an industrial context to be eligible for a patent. To be patentable, an invention must meet the following criteria:
Novelty: The subject matter described in the patent application must not have been published in India or anywhere else before filing the Indian patent application.
Inventive Step: The invention should not be obvious to a person skilled in the field, considering prior publications, knowledge, or documentation.
Industrial Applicability: The invention should be technically feasible and serve a practical purpose in the industry, making it capable of being made or used.
Eligibility for Patent Registration
A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person
- The true and first inventor.
- True and first inventor’s assignee.
- The representative of the deceased true and first inventor his / her assignee.
- According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
- In the case of a proprietorship firm, the application should be made in the proprietors' name.
- In the case of a proprietorship firm, the application should be made in the proprietors' name.
- In partnership firms, the names of all personally responsible partners must be included in the patent application.
- An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
Documents Required for Patent Registration
- Patent application in Form-1.
- Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
- Provisional specifications, if complete specifications are not available.
- Complete specification in Form-2 within 12 months of filing of provisional specification.
- Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
- Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
- Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
- 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.
- Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
- 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. However, it is sufficient if the permission from the National Biodiversity Authority is submitted 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.
- Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.
Patent Application Process with BmcsIndia
Patent Search:
Before initiating a patent application, it’s crucial to ensure the uniqueness of your invention. Conducting a patent search verifies this aspect, allowing the client to avoid time-consuming processes.
Patent Application Filing:
Filing the patent application is a pivotal step in the process. Drafting the complete specification is a specialized task that often necessitates expert guidance for a successful submission. Professional assistance is advisable during the drafting of a patent application. For those in the early stages of research and development, it is recommended to file a provisional patent application.
Preparing a Patentability Report:
Patent professionals or agents will conduct an extensive study and furnish a patentability report. Consequently, the applicant must ensure that all the requisite documentation is included with the patent application.
Publication of Patent Application:
The application is published in the patent journal within 18 months. An early patent filing request can be submitted along with the required fees. It’s important to note that all patent applications filed in India are treated as confidential until they are officially published in the Patent Journal by the Indian Patent Office. Publication occurs automatically after 18 months from the filing date, and no additional request is needed.
Patent Examination:
A formal request for patent examination must be submitted within 48 months of the initial patent filing. Failure to meet this deadline will result in the patent office considering the application as withdrawn. Following the request, an examiner conducts a thorough review and issues the first examination report, commonly known as patent prosecution.
Addressing Patent Objections:
Patent applications may encounter objections. Therefore, it is imperative to assess the patent examination report and prepare a well-considered response to address any objections raised.
Grant of Patent:
Once all the patentability requirements are satisfied, notification of the patent grant is published in the Patent Journal.
Where to file a Patent Application
It’s filed at the appropriate patent office using Form-1 and a provisional/complete specification, along with the required fee. The following factors are used to determine a patent office’s jurisdiction –
- Place of residence, domicile, or business of the applicant (first mentioned applicant in the case of joint applicants).
- The place from where the invention originated.
- Address for service in India given by the applicant, when the applicant has no business or domicile place in India (Foreign applicants).
Jurisdiction of Indian Patent Offices
Mumbai Patent Office Jurisdiction:
The Mumbai Patent Office oversees the following regions: Gujarat, Maharashtra, Madhya Pradesh, Goa, Chhattisgarh, and the Union Territories of Daman & Diu, and Dadra & Nagar Haveli.
Delhi Patent Office Jurisdiction:
The Delhi Patent Office has authority over the following areas: Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, National Capital Territory of Delhi, and the Union Territory of Chandigarh.
Chennai Patent Office Jurisdiction:
The Chennai Patent Office administers the following regions: Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, and the Union Territories of Pondicherry and Lakshadweep.
Kolkata Patent Office Jurisdiction:
The Kolkata Patent Office covers the rest of India, as well as the States of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, Arunachal Pradesh, and the Union Territory of Andaman and Nicobar Islands.
Benefits of Patent Registration
Here are the benefits of filing a patent registration in India:
- A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.
- Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.
- Patents can be sold as well as licensed like other forms of property.
- A patented product improves the brand perception and potentially enables the business to charge a premium.
- The inventor can also transfer the patent ownership.
- A patented product improves the brand perception and potentially enables the business to charge a premium.
- International Patent Protection Scheme, reimbursement of upto Rs.15 lakhs or 50% of total expense incurred for MSME international patent filing is provided by the Government.
Trademark vs Copyright vs Patent
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Frequently Asked Questions
BMCS India offers comprehensive business consultancy services, including strategy development, market research and analysis, financial advisory, operational optimization, and organizational transformation. We provide customized solutions to help businesses address challenges and achieve their growth objectives.
BMCS is the top most business management consultant all around the world. Our team of experienced consultants leverages industry knowledge, market insights, and proven methodologies to provide tailored solutions that align with your business goals. Whether you need assistance with market entry, strategic planning, process optimization, or talent management, we collaborate closely with you to understand your unique needs
BMCS India has expertise across various industries, including but not limited to technology, healthcare, manufacturing, retail, finance, and hospitality. Our consultants have worked with diverse clients, enabling us to understand industry-specific challenges and devise strategies that meet your sector's requirements.
To engage our services, you can reach out to us through our contact form, email, or phone. Our team will schedule an initial consultation to discuss your business objectives, challenges, and requirements. Following this consultation, we will provide a tailored proposal outlining the scope of work, deliverables, timeline, and pricing for your approval.
Absolutely! We work with businesses of all sizes, ranging from startups and small enterprises to multinational corporations. Our services are flexible and customizable to meet your specific needs, ensuring that you receive the level of support required to achieve your business objectives, irrespective of your company's size.
At BMCS India, we understand the importance of client confidentiality. We adhere to strict data protection protocols and maintain the highest level of confidentiality. Our consultants sign non-disclosure agreements, and we have robust internal systems in place to safeguard client information. Rest assured, your sensitive data is handled with the utmost care and confidentiality.
Yes, we can help your business expand internationally. Our team has experience and expertise in supporting companies with market entry strategies, feasibility studies, partner identification, and localization strategies in various global markets. We leverage our network of international partners to provide you with valuable insights and guidance throughout the expansion process.
To get started with BMCS India, simply reach out to us through our contact information on our website. We will be glad to schedule an initial consultation to understand your business requirements and discuss how our services can benefit you. From there, we will work together to develop a tailored plan to drive your business success.