Every entrepreneur who has invented something would like to retain its proprietary right with him. Patent registration is one of the foremost steps to keep such rights with owner of innovation. By patent registration, innovator become sole owner of innovation and can restrict other from usage of such technology or creativity or innovation. If you wish to protect your invention, filing patent application is an essential thing.
A Patent registration provides statutory right to the applicant of patent for his invention and grants a certificate. With the help of such certificate owner excludes others from making, using, selling or importing the patented product or process without prior consent of owner.
Patent search is primary step in patent registration. First condition to patent registration is that it must be unique, innovative or novel. To check whether such patent meet eligibility criteria for registration, patent search need to be carried out.
The first step for seeking Patent Registration is to conduct a search of the Indian Patent database for preliminary advice on whether the invention sought to be registered is registrable under the Indian laws or whether any similar or same Patent already exists.
The Patent search can be performed using several keywords and search criteria. It is advisable to conduct a preliminary search in order to ensure whether the invention/technology which is the subject of registration is not already registered.
Patents search can be complete after obtaining all the requisite information from patentee. A detailed interview needs to be carried out with patentee to understand functionality and uniqueness of invention.
Once patent search provides positive results i.e. no similar matches, applicant can proceed for filling patent registration application. The patent application can be filed either as the provisional application or as the non-provisional application. To file an application following documents needs to be prepared and filed:
- Name of invention
- Feature of Innovation
- Complete Specification of Innovation
- Uniqueness of innovation
- Drawings of innovation
- Name, address and nationality of inventors
- Power of Attorney (if application is filed by a patent agent)
- Application form
Under patent filing application, most important factor is preparing a patent specification. Drafting a patent specification is a highly skilled job, which can be only preformed by persons who have both techinical as well as patent law expertise. Hence a perfect patent application can be filed with collaboration of inventor and patent agent.
What is difference between Provisional Application and Non-Provisional Application (Complete):
A Provisional application is generally filed when complete specification of innovation is not available. Further provisional applications are being filed to secure early right of innovation which is under development. In case provisional application is filed, the complete specification needs to be filed within 12 months from the date of the Application.
A provisional patent application is filed to secure a priority date for your invention. A priority date is the date on which the first patent application for your invention is filed.
The key differences between a provisional and non provisional patent application is that a complete application will have a “claim” section, whereas the claim section will be missing in a provisional application. The claims define the scope of your invention and describe what you like to protect in your invention.
Once the above prescribed documents are ready an application can be filed for patent registration. The Patent registration application can be filed offline as well as online, through a registered agent. For first 18 months from the date of application the invention remains a secret and cannot be disclosed to the public.
After the filing of Patent Registration Application, the Application has to be published in the journal. For publication of Application, a request in specified form, along with Government fee and all other requisites needs to be submitted to the Department.
A request for publication of the Patent cannot be made before 18 months from the date of Patent Application. After the request for publication has been made, the application is published, along with all its details, within 1 month.
A request for examination of the Application has to be made to the Department in a specified manner with the Government fee within 48 months from the date of Registration Application. After the receipt of the request, the Department issues a report within 3 months, either with objection or without objection. The response to an examination report has to be filed within 12 months of the issuance of the examination report. If the examination report is not adverse, the Patent proceeds for final registration. On failure to rectify or correct objections within specified time or if the objections are as such that they cannot be rectified, the application can be refused.
Once it has been decided by officer that patent is registrable in India, he may publish patent application in patent journal. After publishing patent in journal if no opposition received within 12 months then he may proceed for granting patent registration.
Once officer is satisfied with replies submitted against objections and no opposition application is received, he may grant patent registration certificate.