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Patent Registration Process In India

If you are looking for patent registration in India, IPFlair helps you to get the best consultation from top patent agent attorney in Bangalore.

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Patent Registration Process In India

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  1. Patent Registration in India

  2. Contents What is Intellectual Property? Types of IP What is Patent? Patent Salient Features Requirements for invention to be Patentable Requirements for Patent filing in India Procedure of Patent Registration in India

  3. What is Intellectual Property(IP)? IP is a group of legal rights that provides protection over things people create or invent. Types of IP: • Copyrights: Copyrights protect original works of authorship • Patents:A patent grants property rights on an invention, allowing the patent holder to exclude others from making, selling, or using the invention.

  4. Types of IP cont…. 3. Trademarks: A trademark is a word, phrase, symbol, or design that distinguishes the source of products (trademarks) or services (service marks) of one business from its competitors. 4. Trade Secrets: A trade secret is a formula, process, device, or other business information that companies keep private to give them a business advantage over their competitors

  5. What is patent? A patent is a set of exclusive rights granted by a sovereign state or intergovernmental organization to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.

  6. Types of Patent: Three types of patent are granted under the provisions of the act, namely: • An Ordinary Patent • A Patent Of Addition • A Patent Of Convention A second type of classification of patent is: • Product Patent • Process Patent

  7. Purpose: • Patents provide library of organized technical information that others may learn from and improve upon. • Patent System was to encourage the development of new inventions, and in particular to encourage the disclosure of those new inventions. • Patent includes others from making, using or selling your invention.

  8. Salient Features: • Both product and process patent provided. • Team of patent - 20 years. • Examination on request. • Both pre - grant and post - grant opposition. • Fast track mechanism for disposal of appeals. • Provision for protection of biodiversity and traditional knowledge. • Publication of applications after 18 months with facility for early publication. • Substantially reduced timelines.

  9. Patent Technology:

  10. REQUIREMENT FOR INVENTION TO BE PATENTABLE: 1) Novelty: The invention must be new or novel, means that the invention must never have been made before, carried out before or used before. 2) Inventive Step: The invention must be non-obvious or involve an inventive step that means it should not be obvious to the person skilled in the art. It could not be deduced by a skilled person with good knowledge in the technical field of the invention.

  11. 3) Industrial Application: The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry. 4) Not publically/commercially disclosed: A patent application must be filed prior to any disclosure to the public that is it must not be known or used in public before filing of the patent application. 5) Patentable matter Finally, the invention must be part of the “patentable subject matter” under the applicable law.

  12. Requirement for Patent filing in India : We can file the following types of patent applications in the Indian patent office: ● Convention Application (within 12 months of the priority date) ● PCT Application (National phase)-within 31 months of the priority date. ● National Application (Provisional & non-provisional application) 1. Application for Grant of Patent in Form 1 in duplicate [section 7, 54 & 135 and Rule 20(1)].

  13. 2. Provisional/Complete specification in Form 2 in duplicate [Section 10; Rule 13]; comprising • Description • Claims • Drawing (if any) • Abstract. 3. Statement and Undertaking in Form 3 in duplicate [Section 8; Rule 12]. 4. Power of Attorney in Form 26 (in case a patent agent is assigned) (in original)(Rule 3.3 (a)(ii)). 5. Declaration of Inventorship in Form 5 in duplicate (only where applicant and inventor[s] are different);(Rule 4.17). 6. Form 28 (in case the applicant is a small entity) (Rule 2 (fa) &

  14. 7. Certified true copy of the Priority document (in case priority is claimed). 8. Requisite Statutory fees (cheque / DD). Procedure of Patent Registration in India : Step 1 : Patentability/Novelty Search Step 2 : Patent Drafting Step 3 : Patent Filing Step 4 : Publication Step 5 : Request for Examination Step 6 : Issuance of Examination Report Step 7 : Hearing with the Controller Step 8 : Grant of Patent

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