PATENT REGISTRATION
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PATENT REGISTRATION
The Patent system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.
A patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.
This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent. Patent Registration is done through Legal Belief.
Patent Registration is done through Legal Belief.
- A patent application should be filed before publishing or disclosing the invention to public.
- Patent granted in India provides protection only in India. Therefore a patent owner cannot exercise his rights in a territory outside India.
- If an inventor wants protection in other countries then a separate application has to be filed for each country to obtain the worldwide right of patent over his product or process.
WHAT IS INCLUDED IN OUR PACKAGE
Prior Art Search
Application Drafting
Application Filing
Government Fees
PROCEDURE FOR PATENT REGISTRATION
Complete our Simple Form
You are required to fill the details in our simple questionnaire and submit documents.
START
Conduct Patent Search
After you submit your documents, we shall conduct a Patentability search for you.
1 WORKING DAYS
Prepare Patent Application
Our experts on the basis of information provided will draft a patent Application.
3 WORKING DAYS
Document Submission
Once you review it, we shall then file the application with India Patent Office.
2 WORKING DAYS
Your work is completed.
After submission we shall mail you the acknowledgement slip of the patent registration.
CONGRATULATIONS
PATENTABILITY CRITERIA
Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
Inventive Step/Non Obvious: If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
Industrial Applicability: Invention should be useful, such that it can be used in an industry.
WHY PATENT REGISTRATION
Faq's
A patent granted in India is applicable only in India i.e a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.
To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.
Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.
For a software to be patented it must fulfil the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.
An applicant should make a request for a hearing in of the application at least 10 days before the expiry of the statutory period. If he fails to do so, then the controller may not provide the opportunity of being heard before refusing his application.
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