Patent Registration in India
A patent is basically an exclusive statutory right granted to the patentee by the Government. In other words patent is an Invention which is invented by the inventor. In order to grant a patent in ones name, a full disclosure of the method, procedure or invention is to be shared and filed with the patent office of the respective country. Patent is a territorial right and is granted in those countries/ region where the separate application is filed.
PATENT REGISTRATION IN INDIA- WHAT IS PATENTABLE
Following is the criteria for a patent:-
- NEW NESS
- NON- OBVIOUS
- INDUSTRIAL APPLIED
PATENT REGISTRATION IN INDIA- TYPES OF PATENT APPLICATION
- CONVENTION APPLICATION
- NATIONAL PHASE APPLICATION
- PCT APPLICATION
PATENT REGISTRATION IN INDIA- OFFICES OF PATENT IN INDA
PATENT REGISTRATION IN INDIA- PROCEDURE FOR FILING PATENT IN INDIA
The Process of Patent registration in India starts with filing the application for the grant of patent at the Indian Patent office of the concerned Jurisdiction. Thereafter, a request for examination is required to be made by the applicant and after that the application is taken for examination by the Patent office.
The First Examination Report (FER) is issued and the applicant is given an opportunity to rectify the deficiencies or objections if any in the report. The applicant must meet with the requirements within the prescribed time otherwise the application would be treated as abandoned.
When all the requirements are met, the patent is granted and notified in the Patent office Journal. However before the grant of patent and after the publication of application, any person can make a representation for pre-grant opposition.
PATENT REGISTRATION IN INDIA- STAGES OF PATENT REGISTATION IN INDIA
- FILING RFE (REQUEST FOR EXAMINATION)
- ISSUE OF FER (FIRST EXAMINATION REPORT)
- REMOVING OBJECTIONS IF ANY
- PATENT PUBLISH IN JOURNAL
- GRANT OF PATENT
PATENT REGISTRATION IN INDIA- RESTORATION OF PATENT
A request for restoration of patent can be filed within 18 months from the date of cessation of patent along with the prescribed fee.
PATENT REGISTRATION IN INDIA- PAYMENT OF ANNUITY EVERY YEAR
PATENT REGISTRATION IN INDIA
The Patent Application is filed in India only by a Registered Patent Agent.
PATENT REGISTRATION IN INDIA- OFFICIAL WEBSITE OF PATENT IN INDIA
The official website for Patent in India is www.ipindia.nic.in
One can conduct various searches, browse applications status on the site 24x7.
PATENT REGISTRATION IN INDIA- TERM OF PATENT
A Patent is granted for 20 years in India from the day the application of the Patent is filed in India.