A patent protects your rights to an invention—typically something tangible, but not always. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented in India.
Patent registrations have a validity of 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.
While each State has set different rules and regulations for registration under the Act, the basic procedure remains the same. The Act requires every business to get approval from the department of Labour.
The registration certificate can be obtained from the Chief inspector of Shops and Establishment Act, or from other inspectors delegated to the area where you run the establishment.
Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly:
Step 1: Patent search- How to check patents? It is the most common question among people when they want to patent for an idea. So, legal raasta performs patent search for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, than patent is not granted. Patent search saves you from the effort of going through the yearlong registration process. You can stop if the patent is already registered.
Step 2: Patent domicile – Patent which are registered in India is only valid for India. It protects your invention in India only and does not apply to other countries. There is the possibility to protect your invention in other countries as well. For same, you need to apply for a separate application in each country.
Step 3: File Patent application – An application should be filed with the department before disclosing all the details about your invention.
Step 4: Patent Review – The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on similar idea. If they find the invention unique and patentable, then they grant patent for the application.
Step 5: Patent Grant – Once the patent is granted, the application status is updated online at the Patent site. It can take from 6 months to even 1.5 year for a patent certificate to be granted.
Prior art search is a process to find any evidence that there is a previous knowledge of the invention before the date of filing of the patent application. To be patentable, the invention must be new and no prior art should exist.
Provisional patent application filing means, disclosing the preliminary details of the invention to the patent office. We strongly recommend filing a provisional application of Patent immediately after the invention is conceived. So, that even if it is leaked it should not create prior art against the invention being applied. The provisional application must contain the maximum possible disclosure of the invention.
When a patent application is filed in India with the provisional specification, the complete specification must be filed with drawings and claims of the invention within 12 months of original filing. The final specification must be drafted in such a manner that a person of same or similar skill must be able to make the goods or perform the industrial process after reading the specification.
After filing the complete specification, a request for examination of Patent must be filed. There is an alternate method for express examination of Patent. After examination, the patent examiner comes up with an examination report with the findings on patentability and prior art search.
The publication of Patent is done upon request after the expiry of 18 months. However, an early publication request can be made to the patent office. So, that it is advertised within 4-5 months.