Patent Registration

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89,899.00
All inclusive price

Complete specifications registration of design and medical patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by Licencecentre expert. Inclusive of government fees.

99,899.00
All inclusive price

Complete specifications registration of device, design or medical patents (non- provisional) with the Indian Patent Office. Invention description and drawings/ illustrations to be provided by the client. Abstract and claims specifications will be drafted by Licencecentre expert. Inclusive of examination report. Inclusive of government fees.

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REGISTRATION OF PATENTS

What is the definition of patent registration in India?

An innovation can be registered for a patent in India. A patent is a government-granted right that prevents others from manufacturing, using, selling, or importing the patented product or method without authority or authorization.

The first action an innovator takes to safeguard his or her idea from exploitation is to file a patent. Patent filing in India is a time-consuming procedure, but with right direction and help, it may be completed swiftly. Individuals who want to get a patent should seek advice from experienced patent attorneys.

Before obtaining a patent registration, a thorough examination is performed to determine whether the product is inventive or original, as well as industrially relevant. An individual can examine the database of India's intellectual property authority to see whether there is an object or innovation that is the same or similar to the applicant's creation.

However, patent registrations are not available for all ideas, and the invention must meet certain requirements in order to get a patent in India.

What may be protected by a patent?

According to the Patent Act, an invention must be a novel product or method that contains an innovative step and may be employed in the industry in order to be patentable. To be eligible for patent registration, an innovation must be technical and fulfil the following criteria:

  • Novelty - Before filing a patent application in India, the matter described in the specification has not been published in India or elsewhere.
  • Inventive Step - In view of earlier publication/knowledge/document, the invention is not obvious to a person versed in the art.
  • Industrial applicability - An invention must be useful in order to be manufactured or employed in industry.
  • Different types of patent application

    In India, there are many types of patent applications.

  • Provisional application -

    A provisional application, also known as a temporary application, is filed when an invention is still in the works and has not yet been completed. Any other relevant innovations will not be classified as prior art to the inventor's application if a patent is filed early.

    When an invention takes more time to develop, a patent application of this sort is filed.

  • Ordinary or non-provisional application -

    This form of application does not have any claim to priority and is not made in response to any previous convention application. A full specification can be submitted using the following methods:

    Direct filing: The submission of a full specification with the Indian Patent Office without the filing of a matching provisional specification.

    Subsequent Filing: When a full specification is filed after the matching provisional specification and claims priority from the provisional specification that was filed before.

  • Convention application

    A convention application is filed in order to claim a priority date based on a similar or identical application filed in any of the convention nations.

    To get convention status, an applicant must apply to the Indian Patent Office within a year following the first filing of a comparable application in the convention nation.

    To put it simply, a convention application grants the applicant to preference in all convention nations.

  • PCT international application

    While the PCT international application does not result in an international patent grant, it does open the way for a simplified patent application procedure in many nations at once. It is governed by the Patent Corporation Treaty, which can be approved in up to 142 nations. Filing this application prevents an innovation from being copied in these nations.

  • PCT National application

    This application is made if the applicant learns that he has discovered an invention, or a small modification of an invention that has previously been applied for or patented by the applicant. If the invention does not include a significant inventive step, a PCT National application may be filed.

  • Application for a division

    If a single application claims more than one invention, the applicant may opt to split the application and submit two or more applications. These applications have a priority date that is identical to the parent application.

What are the advantages of registering a patent in India?

The following are the advantages of registering a patent in India:

A patent is a type of incentive for new ideas and technologies. When a patent is issued to an applicant, they become the proprietor of the invention or idea. Patent registration is critical for a firm since it prevents rivals from unauthorised copying, selling, or importing intellectual property. In this manner, the patent holder may preserve his patent rights while complying with current laws. Patents, like other types of property, can be sold as well as licenced. It can also be transferred by the inventor.

A patented product enhances brand awareness and may allow the company to charge a premium.

With exclusive patent rights, the patent owner has complete control over the use of the invention for a period of twenty years or more.

Who is eligible to file a patent application?

A patent registration application for an invention can be filed by any of the following individuals, either alone or in collaboration with another individual:

  • The real and original creator
  • Assignee of the true and first inventor
  • His or her assignee is the representative of the dead real and first inventor.
  • A "person" is defined in the Patent Act as any natural person, corporation, association or group of persons, or government entity, whether incorporated or not.
  • In the event of a sole proprietorship, the application shall be lodged in the name of the proprietors.
  • The names of all personally responsible participants in partnership businesses must be provided in the patent application.
  • An assignee can be a real person or a legal entity such as a registered business, an LLP, a Section 8 company, a university, or the government.
  • The real and first inventor's name, address, and country must be disclosed by the applicant.

What is the procedure for filing a patent application?

Patent Lookup

You must guarantee that your innovation concept is unique in order to file a successful patent application. A patent search will confirm this, and the individual will be able to avoid time-consuming processes.

Filing of a patent application

The filing of a patent is regarded to be the most important element. The entire process specification is a specialist activity that requires professional guidance to perform effectively.

Because drafting a patent application is an art, it is important to obtain professional assistance. It is preferable to file a provisional patent application if the individual is still in the early phases of research and development.

Creating a report on patentability

After that, the patent experts or agents will do thorough study and provide a patentability report. As a result, the applicant must include all of the required documentation with the patent application.

Patent application publication

After then, after 18 months, the application is published in the Patent Journal. A request for an early patent filing can be filed together with the required costs.

Publication of a Previously Filed Patent

The Indian patent office maintains every patent application secret until it is formally published in the Patent Journal for patent registration in India.

The publication of a filed patent occurs automatically after 18 months after the filing of the applications, and no request is required.

Attained Examine

A formal request for patent examination would be submitted within 48 months following the patent's original filing. If the applicant fails to file within the specified time frame, the patent office will regard the application as withdrawn. The examiner then performs a thorough investigation and issues the initial examination report, known as patent prosecution.

Patent infringement claims

Because patent applications are subject to objections, it is necessary to evaluate the patent examination report and prepare an appropriate response to the objections.

Patent issuance

The grant patent notice will be published in the Patent Journal if all of the patentability conditions have been satisfied.

What is the Price I Need to Pay for Patent Registration?

Standard

89,899.00

all inclusive fees

Complete specifications registration of design and medical patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims to the provided by the client which will be vetted by Licencecentre expert. Inclusive of government fees.

Premium

99,899.00

all inclusive fees

Complete specifications registration of device, design or medical patents (non- provisional) with the Indian Patent Office. Invention description and drawings/ illustrations to be provided by the client. Abstract and claims specifications will be drafted by Licencecentre expert. Inclusive of examination report. Inclusive of government fees.

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