Patent Registration
Secure Your Invention with Patent Protection
What is a Patent?
A patent is an exclusive right granted to an inventor or assignee for a unique invention, allowing them to prevent others from making, using, or selling the invention without permission. Governed by the **Patents Act, 1970**, patents are crucial for protecting innovations and encouraging research and development.
Key Features of Patents:
- Exclusive Rights: Provides monopoly rights to the inventor for a limited period.
- Validity: Patents are valid for 20 years from the filing date.
- Global Protection: Can be extended internationally through treaties like the PCT (Patent Cooperation Treaty).
- Applicable Inventions: Includes processes, machines, articles of manufacture, and compositions of matter.
Benefits of Patent Registration
Legal Protection
Provides exclusive rights to prevent others from using your invention without permission.
Monetization Opportunities
Enables licensing or selling the patent for financial gain.
Encourages Innovation
Promotes research and development by protecting inventors' rights.
Documents Required for Patent Registration
- Patent Application Form: Filled Form 1, which includes details about the inventor and applicant.
- Specification of Invention: Complete or provisional specification detailing the invention (Form 2).
- Declaration of Inventorship: Form 5, declaring the original inventor(s).
- Abstract: Summary of the invention.
- Drawings/Diagrams: If applicable, visual representations of the invention.
- Power of Attorney: If the application is filed through an agent or attorney.
- Priority Document: For international applications under the Paris Convention or PCT.
Step-by-Step Patent Registration Process
Step 1: Conduct a Patent Search
Search the patent database to ensure your invention is novel and not already patented. This step reduces the chances of rejection during examination.
Step 2: File a Patent Application
Submit the application (Form 1) with a complete or provisional specification (Form 2). Include all necessary documents and pay the applicable fees.
Step 3: Publication
After 18 months, the application is published in the patent journal, making it publicly accessible. You can request expedited publication if required.
Step 4: Examination
File a request for examination (Form 18). The patent examiner reviews the application for novelty, non-obviousness, and industrial applicability.
Step 5: Respond to Objections
Address any objections raised during the examination by providing clarifications, amendments, or supporting documents.
Step 6: Patent Grant
Once the objections are resolved, the patent is granted and the patent certificate is issued, granting you exclusive rights for 20 years.
Difference Between Patent, Copyright, and Trademark
| Feature | Patent | Copyright | Trademark |
|---|---|---|---|
| Definition | Exclusive rights granted for a new invention, process, or design. | Legal protection for original literary, artistic, musical, or software works. | Identifies and protects brand names, logos, and symbols used in business. |
| Purpose | Protects innovations and inventions. | Safeguards creative expressions from unauthorized use. | Distinguishes goods or services of one business from others. |
| Applicable Works | Inventions, processes, machinery, and industrial designs. | Books, music, art, films, software, and architecture. | Logos, brand names, slogans, symbols, and trade dress. |
| Duration | 20 years from the date of filing. | Lifetime of the creator plus 60 years (varies by jurisdiction). | 10 years (renewable indefinitely). |
| Ownership Rights | Exclusive rights to use, sell, and license the invention. | Exclusive rights to reproduce, distribute, and monetize the work. | Exclusive rights to use the trademark for specific goods or services. |
| Registration | Mandatory for legal protection of an invention. | Not mandatory but recommended for stronger legal backing. | Mandatory for exclusive rights and legal protection. |
| Governing Law | Patents Act, 1970 (India). | Copyright Act, 1957 (India). | Trademarks Act, 1999 (India). |
| Global Coverage | Through treaties like the PCT (Patent Cooperation Treaty). | Under the Berne Convention and other international treaties. | Through the Madrid Protocol and other agreements. |
Get Your Patent Registered Today!
Protect your invention with professional patent registration services.
Contact Us