The India Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets monopoly over his/her Invention for a prescribed period of time (Normally twenty years from the Priority date/Patent filing date). Applicant gets the sole right over the invention to exclude others from making, using, selling and importing the Patent.In order to get the Patent Registration in India, a specific procedure provided in the Patents Act, 1970 and The Patents Rules, 2003 needs to be followed. Indian Patent Office with its branch offices in Delhi, Mumbai, Kolkata, and Chennai holds the authority for providing Patent Registration in India. The appropriate jurisdiction for Patent filing under said branch offices is normally decided based on the Applicant’s domicile or place of business or the place from where the invention actually originated. One can also file an application for Patent Registration through online procedures.
Get a quote from Kanakkiyal in less than 24 hours.
The following documents are required to get your patent registered:
Below is the prescribed Forms and documents which need to be filed in the designated Patent Office along with the Official Fees for the Patent Registration :
The following forms are to be submitted in the Patent Registration office to complete the Patent Registration process:
Form-1 (Application for grant of a Patent) : It includes the details of the Inventor(s), Applicant(s), type of Patent Application is filed, title of the invention, certain declaration from the Applicant and signatures of the Inventor(s), Applicant(s) and authorized Person.
Form-2 (Provisional/Complete Specification) : It includes the information for the type of Application, the title of the invention, description, claims, abstract of the invention.
Form-3 (Statement and Undertaking) : It includes a statement and undertaking on behalf of the inventor for updating the Controller for any foreign filing Application filed for Patent Registration.
Form-5 (Declaration as to Inventorship) : A declaration as to Inventorship must be filed in the Patent Registration Office of India.
Form-26 (form for authorization of a Patent Agent/or any person in a matter or proceeding under the Act) : In the case where Patent Application for Patent Registration in India is filed by Patent Agent or Patent Attorney whose services are taken by the inventor(s), a form for authorization must be submitted in the Patent Registration Office.
Further, in the case where Patent Application for Registration in India is based on the previous Patent Application filed abroad under the Convention Patent Application (as under the Paris Convention) or PCT route, a Priority document must be filed along with the application to the Patent Registration Office along with other required documents.
In the case where the previous Patent Application is in a language other than Hindi or English, a Verified Translation of the same also needs to be submitted to the Indian Patent Registration Office.
Form-28 (To be submitted by a small entity/start-up) : In order to take benefit under the category of small entity/start-up, proof or evidence needs to be submitted.
At last, all the documents, Forms or Drawings must be signed by the authorized person or the inventor.
The following requirements are necessary to get your invention patented in India:
A Patent is an exclusive right granted to the patentee for his/her invention for a limited period of time by the Intellectual property Department, Government of India. It excludes others from making, using, selling, importing the patented product or process for producing that product without his consent of the patentee.
A patent registration helps in protecting the invention from being infringed by a third person. Moreover, with patent registration inventor gets the exclusive right to use the invention. The patent also helps in gaining revenue from the invention.
Indian Patent registration gives territorial right only and it is not valid outside the territory of India.
After obtaining patent registration in India, one can file PCT application in the patent office located in India.
A new invention which involves innovative steps can be patented in India by filing an application for patent registration in India.
For Patent Registration in India, Enterslice can file an application on your behalf as we have a team of experts who have a track record of filling patent registration application. For this you just need to provide documents to us thereafter we will file a provisional or complete application. If we file provisional application then we need to file a complete application within 12 months of filing the provisional application with the department.
Industrial applicability implies that the invention is practically feasible. The invention must be of such nature which can be used in any kind of industry.
Yes, patent registration application can be filed online. It has become possible after the Indian Patent Office put in place the online platform in 2007 for filling application.
An invention must be novel in nature. It must have involved an innovative step which must be non-obvious. It should also be capable of industrial application.
Yes, patent registration application is filed prior to the publication of invention till then it should not be disclosed.
Get a quote from Kanakkiyal in less than 24 hours.