Patent Registration in India
What is a Patent?
A patent is basically a right or a kind of license which is given to someone for a determined amount of time by the government which confers on the person the sole authority to exclude others from using, promoting, selling or modifying an invention in exchange of public disclosure of the details of an invention. An invention can be a solution to a technological problem, process or product and is an intellectual property.
It insures the inventor and his invention from getting exploited without valid permission and also secures the investor’s exploitation rights preventing the product being invested on from changing or altering.
There are certain requirements an invention and inventor must be fulfilling in order to obtain a patent. Those are:
- Industrial applicability
- The resourcefulness of the invention
- Originality of the invention
The person holding this patent would get sole rights to the invention for a specified time which would assure him a market reserve.
Anyone who has an original invention or product, a new manufacturing process or an improvisation in an already existing product can apply for patent protection.
We also do Patent Litigation and Infringement Cases
The Patents can be broadly classified into two categories:
- The Invention Patent: This patent is not defined by a law and is inclusive of all inventions which fulfill the industrial applicability, resourcefulness and originality clause.
- The Utility Model: This kind of patent is law defined and comprises of all objects of practical utility which is subject to industrial applicability which results in functional enhancement of the utility of the product or its manufacturing.
Rights and Validity Expiration
The patents filed will be thoroughly evaluated and examined for its resourcefulness, applicability and originality before granting rights to the applicant. The patent once granted, makes available the rights claimed by the applicant for a fixed period of time. The holder has the permission and exclusive rights to manipulate or explore the patented product or invention within the National Territory or within the valid patent limits.
The patent holder can prevent unauthorized or illegal production or trade of the patented product or the process of production of the process. The extent of protection of the patented product depends on the claims submitted by the applicant. The holder is also insured against any potential damages that might occur during the exploration or commercialization of the product between the date of publication of the patent and the date of definitive granting.
The Validity of an Invention patent is 20 years counted from the date of filing of patent application and the Utility Model Patent is applicable for 15years from the date of filing.
Patent Clause of Inventions by Employees
The invention made by an employee(s) during the course of employment and under the influence of an employment contract which assigns inventive rights to the employer and if the hiring was specifically made to utilize the employee’s skills for the inventive purpose, will belong to the employer exclusively.
In case of the invention being developed apart from the employment contract or when there is no clause which limits the invention to the employer the invention belongs solely to the employee. It is the same if the invention was done without any help physical or monetary from the employer.
The invention belongs both to the employer and the employee in cases wherein it was developed by the intellectual and skill contribution of the employee with the material, means and installation support of the employer even in case of the no employment clause.
There are certain documents required to file a patent:
- Drawing, picture or a small model of the product to be patented. This is required to comprehend and prepare the specification of the patent application.
- Power of Attorney in case the product is a corporate entity
- Assigning Document or papers mentioning the inventor in case of the product being a corporate entity.
In case of patents which need to be auctioned immediately on a priority basis, the following documents needs to be submitted:
- Official copy of the application of patent where it was filed originally issued by the PTO.
- Power of Attorney from the inventor
- Assigning document or papers mentioning the inventor in case of the product or invention being a corporate entity.
Some patents are filed under the international law which provides a unified platform and filing procedure for patent applications across the globe. In case of patents filed under the International law treaty (PCT), a single application is filed in one language. A copy of the International application and a power of attorney is required to file PCT.
Document Requisites for Filing a Patent
- Triple copies of the Application form (Form 1)
- Duplicates of Provisional Specification and claim submission. In case the provisional specification is already filed, a complete version must follow within a year of filing it (Form 2)
- Two copies of drawing and photograph of the invention/product
- Model of the product in duplicate
- Two copies each of undertaking of foreign patents with a mention of number, the date of filing, status of the patents and the application form. (Form 3)
- Copy of the priority document in case of urgent filings with a mention of the priority dates as and when directed by the Controller.
- Declaration of inventor in case where the provisional specifications is followed by complete specification or in case of PCT filings national phase applications (Form 5)
- Power of Attorney in case of corporate filings or when filed by an agent.
- A detailed description of the product/invention
- The documents (with the exception of drawings) must be sent with large font size with widely spaced lines and clear and ineradicable ink on white paper.
- Drawings to be documented on white background with a clear margin of 1.5cm width on a sheet/transparent film/cloth of size 33X20.5cms
Required Data during Patent Filing
The following data is required while filing patent
- Name of the Applicant(s)
- Address in detail of the Applicant(s)
- Nationality and Nativity of the Applicant(s)
- Name of the Inventor (In case of the applicant being an agent or another person different from the inventor(s))
- Address in detail of the inventor(s)
- Nationality of the inventor(s)