Benefits of Patent Registration

The benefits of obtaining Registration under the Patents Act 1970 are as follows:

1. Protection of Invention: A Patent is an Intellectual Property Right that aims to protect one’s creation or invention and restrict others from using it without obtaining the prior consent of the Inventor.
2. Sell or Transfer Patent: A Patent can easily be Sold, Transferred, or Franchised by the Inventor to generate revenue.
3. 20 Years of Validity: In India, a registered Patent remains valid for a period of 20 years, starting from the date of Patent application
4. Better Recognition: A registered patent will help the inventor to grow their business, build trust and will assist in raising capital for the business as well.
5. Receive Royalties: The Patentee can receive Royalties by licensing their product to other company.
6. Monopoly: After obtaining Patent Registration, both businesses and investors can enjoy both Market Monopoly and Competitive Benefit.

Requirements for Obtaining Patent in India

In India, the key requirements for obtaining a Patent are as follows:

1. Patentable Subject Matter: As per the provisions of the Patents Act, section 3 and 4 includes a comprehensive list of non-Patentable subject matter. That means if an invention falls under such a list, the same will not be eligible for Patent Registration.
2. Inventive or Non-obviousness: The Invention must not be obvious and simple in nature and needs to be considered by a skilled and experienced person. That means, it must be technologically advanced and economically profitable to be patented.
3. Novelty: The term “Novelty” denotes that Invention must be of a unique nature and must not have been issued anywhere in India.
4. Industrial Applicability: As per this requirement, the Invention must be practical and operational in the industries and public domain.

Different Types of Patent Applications

In India, the different types of Patent Applications are as follows:

1. Ordinary Application: The term “Ordinary Application” denotes a fresh application filed at the Indian Patent Office. Further, in this case, both the filing and priority date are the same for the application.
2. Conventional Application: The term “Conventional Application” denotes an application that is previously filed by the applicant in some other country and wants to file the same in India as well. Further, it shall be relevant to take into consideration that the applicant needs to file the said application within a period of 12 months, starting from the date of its first filing.
3. PCT International Application: The term “PCT International Application” denotes an application that is filed by the applicant in multiple countries. One can file this application in a maximum of 142 countries. Also, the same will take around 30 to 31 months to claim protection in each country, starting from the date of International Filing.
4. PCT National Phase Application: The term “PCT National Phase Application” denotes an application filed by the applicant in India just like in other countries, for claiming protection. The applicant needs to file the same at the Indian Patent Office within a period of 31 months, starting from the date of International Filing.

Procedure for NBFC Registration in India.

1. Patentability/Novelty search
   The first condition of patentability is that the invention must be new. You should always find an answer to whether your invention is new before submitting your application, since patenting costs can be high and unnecessary payments can thus be avoided. You can ask us to carry out a novelty search for you and to find out whether your idea or invention is new.
   The scope of the search depends on the time used to carry out the search. The more searches are made the more likely it becomes to find possible novelty bars. Typically, it takes one or a couple of working days to carry out a search. If there are clear obstacles to an invention, they are generally found during the first day of the search. Therefore, a search period of one day may provide a reasonably comprehensive scope for the novelty search. If a complicated invention is concerned or a more comprehensive search is required, then more time is needed for the search.

2. Drafting of A Patent Application
   After the novelty search, the applicant should prepare an application in Form 1. Then, one must attach patent specification with each application. This is done in Form 2, where complete or provisional specification is mentioned depending upon the state of invention. If it is provisional specification, then a period of 12 months is provided for one to finalize the invention and file the complete application.

3. Filing the patent application
   
   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 or 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 whose services are taken by the inventor(s), a form for authorization must be submitted in the 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.

4. Patent filing Ideation: At this step, the inventor is required to pen down the idea or concept and properly mention the key details about the invention that needs to be patented.
   Visualization: Create a visual description of your idea in the form of diagrams that explain more about the invention.

5. Publication of patent application
   The application filed with the patent office will be published in the official patent journal. This is done after 18 months of the filing of the patent. The inventor can use form 9 for early publication. In case, there is some restriction placed by the Indian Patent Act with regards to the publishing of the patent, it will not be published in the journal.

6. Examination
   Examination process is done before the patent is granted and the application for examination has to be made in form 18. This process should not be delayed, as it is on first come first serve basis. After this application is filed, it is passed on to the patent officer who checks every condition according to the patent rules and regulation. If there are any issues that needs to be addressed then, it will be communicated.

7. Issuance of Examination report
   After the thorough search is conducted, then First Examination Report is filed in this case.

8. Grant of Patent
   After the Patent Officer acknowledges the completion of all objections raised, then the patent is granted.

Documents needed to get patent registration in India.

The following documents are required to get your patent registered:

• Invention Disclosure Form
• Patent application in Form-1
• Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
• If complete specifications are not available, then provisional specifications.
• In the case of provisional specifications, then complete specification in Form-2 within 12 months.
• Statement and undertaking under Section-8 in Form-3 (if applicable).
• If patent application is filed by patent agent, then power of authority in Form-26.
• If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent.
• The source of geographical origin should also be included in the case of biological material used in the innovation.
• All the applications must bear the signature of the applicant/authorized person/Patent attorney.
• The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

Startup sampark procedure for patent registration

Patent registration is very detailed procedure, which requires keen knowledge, procedure and team of professionals. Each Patent application/invention has its tailored requirements. We at Startup Sampark have a full-fledged, dedicated team of professionals. You are required to fill the form and our expert will reach out to you, to know the exact requirement and gather information. Then our experts at STARTUP SAMPARK will be at your disposal for assisting you with guidance concerning Patent Registration and its compliance for the smooth functioning of your financial business in India. Our professionals will assist you in planning seamlessly at the least cost, confirming the successful conclusion of the process. We shall guide you with Do’s and Don’t’s as well. We will begin working on your request once all the information is provided, and the payment is received.

Why STARTUP SAMPARK?

Startup Sampark is one of the platforms which coordinates to fulfil all your Secretarial, Legal, Licensing and Taxation requirements and connect you to consistent professionals. Our team consist of Chartered Accountants, Company Secretaries, Cost Accountants, Advocates, Patent and Designs Agents, Trademarks & Copyright Attorneys.

We are a management consultancy and technology platform to simplify legal and business related matters. We are committed to help start-ups, small business owners and non-compliant businesses in solving their legal, secretarial and taxation compliance related to setting up and running the business smoothly and compliantly.

Our clients can also track the assignment progress at all times through a dedicated portal provided to you along with User Id and Password. You can comment and find the resolution and ask questions on the dedicated portal provided to you. If you have any questions about the Patent registration process, our experienced representatives are just a call away.

Step 1: Fill the query form.

Step 2: Our Expert will connect with you

Step 3: Make payment through hassle free payment portal

Step 4: Get confirmation on mail and receive User Login and password

Step 5: Submission of documents with us on our client portal

Step 6: Executive will process your application

Step 7: Track progress of your order all the time on our client portal

Step 8: Greetings, Order completed