| PATENT |
Patent means a new invention in form of a device/article or
process of production. It should be invented and a novel one. Such patents are
protected under the Patents Act, 1970.
“A Patent is an
intellectual-property relating to invention and is the grant of exclusive
right, for a limited period, provided by the Government to the patentee, in
exchange of full disclosure of his invention, for excluding others, from
making, using, selling, importing the patented product or process producing
that product for those purposes”.
The purpose of this system is to encourage inventions by
promoting their protection and utilization so as to contribute to the
development of industries, which in turn, contributes to the promotion of
technological innovation and to the transfer and dissemination of technology.
Under the system, Patent ensures property rights (legal title) for the
invention for which patent has been granted, which may be extremely valuable to
an individual or a Company. One should make the fullest possible use of the
Patent System and the benefits it provides. Patent right is territorial in
nature and a patent obtained in one country is not enforceable in other countries. The inventors / their assignees are required to file separate patent
applications in different countries for obtaining the patent in those countries.
In simpler terms, a patent is an intellectual property that one claims as their own and can use it for their own purpose. If anyone wishes to use someone’s patent then they need to pay one royalty or one can even sell their patent.
TYPES
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ORDINARY APPLICATION Ordinary
application filed in Indian patent office with Complete specification
(Description, Claims, Abstract, and Drawing). Description and claims pertaining
to novelness of the invention which needs protection. |
CONVENTIONAL APPLICATION Conventional application
filed in India claiming earliest priority if your company is doing business
internationally or intends to expand internationally and protect its
Intellectual Property rights in India. Wherein a conventional the application can be submitted within 12 Months from the International priority
date, based on which your conventional application can be filed in India on or
before the time specified as per Act. After which registration of your Patent is
not possible.
As you are aware India has
great potential and a large market for innovative patents, hence we strongly
advise you to protect your Intellectual property rights in India.
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PCT APPLICATION Patent application filed
with PCT can be placed into the National Phase in India claiming the earliest
priority if your company is doing business internationally or intends to expand
internationally and protect its Intellectual Property rights in India. |
BENEFITS
- Build
Business: One can build a business around its invention and helps in raising
capital for the same.
- Owning
Invention: One can own the invention for up to 20 years and you can stop
anyone from using, selling or importing your invention in your country.
- Licensing:
One can also license (rent) their patent rights to companies in order to
receive royalty.
- Sell: One
can also sell their patent
FORMS
Form 1:
Application for Grant of patent
It contains
details of the inventor(s) and applicant(s).
Form 2:
Complete/Provisional
This form is
needed to be filled as whether your invention is provisional or complete.
Provisional invention: It is the early stage of the invention where it isn’t
complete so one takes a date prior to the completion of the invention which gives
one 12 months of time to file the complete specification.
Form 3:
Undertaking under section 8
For patents
filed outside India, it is an undertaking given to the patent office that one
will keep the patent office informed for the same.
Form 5:
Inventorship declaration
The current
inventors of the patent application have to give their name, nationality and
address with the declaration to the statement that the right application is
filed.
Form 9: Request
for publication
This is
optional if express publication is required which provides a publication within
one month instead of the common 18 months.
Form 18:
This form is
for the request of examination.
Form 26:
This form is
for the power of attorney to assign a patent agent who deals with one’s patent
application.
Form 21 :
It is for the termination
of a compulsory license for specific purposes by a patentee or any person which
is issued by the controller and is the original owner of the patent.
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STEPS PROCEDURE
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(One
can pay requisite fees for early publication and expedited examination report)