Ask 4 Compliance | Patent Registration
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PATENT REGISTRATION

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PATENT REGISTRATION

Patent, is a legal document granted by the government giving an inventor the exclusive right to make, use, and sell an invention for a specified number of years. Patents are also available for significant improvements on previously invented items. The goal of the patent system is to encourage inventors to advance the state of technology by awarding them special rights to benefit from their inventions. Books, movies, and works of art cannot be patented, but protection is available for such items under the law of copyright. Patent law is one branch of the larger legal field known as intellectual property, which also includes trademark and copyright law. Patent law centers round the concept of novelty and inventive step (or lack of obviousness). The right which they accord is to prevent all others, not just imitators but even independent devisors of the same idea from using the invention for the duration of the patent. The special potential of a patent is accordingly that it may be used to prevent all others from including any form of invention in their product and services. A patent thus poses serious difficulties for its competitors. This is why patents are not freely available for all industrial improvements but only what is judged to qualify as a patentable invention.

Process & Timeline

5-7 days

Professional Fees

Rs. 3500

(GST, Government Fees and other Out of Pocket Expenses Extra)

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What is patentable?

To qualify for a patent, the invention must meet three basic tests. First, it must be novel, meaning that the invention did not previously exist. Second, the invention must be non-obvious, which means that the invention must be a significant improvement to existing technology. Simple changes to previously known devices do not comprise a patentable invention. Finally, the proposed invention must be useful. Legal experts commonly interpret this to mean that no patent will be granted for inventions that can only be used for an illegal or immoral purpose. Some types of discoveries are not patentable. No one can obtain a patent on a law of nature or a scientific principle even if he or she is the first one to discover it. For example, Isaac Newton could not have obtained a patent on the laws of gravity, and Albert Einstein could not have patented his formula for relativity, E=mc2.

Our team of highly qualified professionals at Ask4compliance.com can help your business obtain Patent Registration to avail a host of benefits.

 

DOCUMENTS REQUIRED FOR PATENT REGISTRATION

While filing a patent application, provisional specifications or complete specifications can be filed by the applicant. The following is a list containing all documents that must be filed for obtaining patent registration:

  • Patent application in Form-1.
  • Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form-2 within 12 months of filing of provisional specification.
  • Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
  • Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
  • Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
  • Priority document must be filed in the following cases:
    • Convention Application (under Paris Convention).
    • PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled.
    • Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
  • If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
  • The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  • All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
  • Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

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