May 8, 2019

Patent Registration

Patent Registration

What is a Patent?

The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.
TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.
This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent.

Protect your invention typically in 10 days

What is included in our Package.

  • Prior Art Search
  • Application Drafting
  • Application Filing
  • Government Fees

Criteria for filing a Patent

  • Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
  • Inventive Step/Non Obvious: If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
  • Industrial Applicability: Invention should be useful, such that it can be used in an industry.

Why Patent Registration?

  • Get royalty by licensing your patent
  • Protection for a period of 20 years in India
  • You can then utilize your invention yourself.
  • Stop others from using your invention without your permission

Steps for Patent Application

Patent Registration is basically 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: Patent search- How to check patents? it is the most common quesion amng people when they want to patent for an idea. So, legal raasta performs patent search 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. Patent 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 Review – The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on similar idea. If they find the invention unique and patentable, then they grant patent for the application.
  • Step 5: 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 1.5 year for a patent certificate to be granted.