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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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
IP is a group of legal rights that provides protection over things people create or invent.
Types of IP:
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
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.
Three types of patent are granted under the provisions of the act, namely:
A second type of classification of patent is:
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.
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.
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)].
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) &
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