July 13, 2022/
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Sec.10(13A) of the Income Tax Act, 1961 allows exemption from HRA (House Rent Allowance) received from the employer. The amount of…
Patent Registration
Patent Registration
What is Patent Registration?
A patent is an exclusive right granted by the government authority or a license to the inventor of an invention. The patent rights are granted for a limited period only and there is full disclosure about the invention’s inventor to the public. The inventor can exclude others from using, making, and selling their invention. However, to get a patent, your invention should be new, unique, and must be an inventive solution to a pre-existing technical problem.
If you have invented a unique innovation, or if you are a business owner, a student looking to get your rights protected over your innovation and searching for Patent Companies in Delhi. Contact us for one-stop destination for all your patent-related concerns.
Documents needed to get Patent Registration in India
- Patent application in form-1
- Proof of right to file the application or patent. This proof could either be attached at the end of the 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 a patent application is filed by a patent agent, then the 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 innovations
- 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.
Procedure for patent registration in India
After submitting all the documents and patent applications, we will email you the acknowledgment regarding the same.
Detailed Procedure
Patentability/Novelty search
This required step, in case you haven’t done so. Previously, we jump on the way to how to complete the patent registration process, you should know whether a patent is going to be available for it or not. For this, you need to contact our team.
Drafting of Patent Application
- After the patentability search, the innovator ought to set up an application in Form 1.
- Then, you have to attach patent detail with every application. This is done in Form 2, where the complete or provisional specification is referenced relying upon the condition of development. In the event that it is a provisional specification, then a time period of 12 months is given for one to finish the invention and file the entire application.
- At long last, you have to submit in your patent draft. Based on this draft, the patent office will decide whether the patent could be allowed or not.
Filing the patent application
- Step 1: For an application for grant of patent use form 1.
- Step 2: For provisional/complete determination use form 2.
- Step 3: For explanation and undertaking under section 8 (utilized when patent application is already filed in country other than India), use form 3.
- Step 4: For declaration as to inventorship, use form 5
- Step 5: For start-ups and small entities, use form 28.
Patent filing
Ideation: At this progression, the designer is required to pen down the thought or idea and appropriately notice the key insights regarding the creation that should be protected.
Visualization: Create a visual description of your thought in the form of diagrams that clarify progressively about the innovation.
Publication of patent application
The application filed with the patent office will be distributed in the official patent diary. This is done within 18 months of the filing of the patent. The inventor can utilize form 9 for early publication. In the event that, there is some limitation set by the Indian Patent Act concerning the publishing of the patent, it will not be published in the journal
Examination
The examination process is done before the patent is allowed and the application for examination has to be made in form 18. This procedure should not be deferred, as it is first started first serve premise. After this application is filed, it is given to the patent official who verifies every condition as indicated by the patent rules and regulation. If there are any issues that need to be addressed then, it will be communicated.
Issuance of Examination report
After the exhaustive search is conducted, at that point the First Examination Report (FER) is filed in this case
Grant of Patent
After the Patent Officer recognizes the fulfillment of complaints raised, at that point the patent is allowed.
Rules of Patent Registration
- The primary schedule of the Patent Act briefs the fee payable.
- 10% extra expense is charged if there should be an occurrence of records are documented truly.
- The inventor can pay the charge utilizing electronic methods, in the event that, demand draft or banker’s cheque.
- The fee charged would be paid to the Controller of Patents.
- In the event that the application is transferred from a natural person to a person other than a natural person, at that point the balance amount will be paid by the new candidate.
- The equivalent is with the instance of new businesses. That is, if the application is transferred from a natural person to a person other than a natural person, then the split amount will be paid by an individual to whom the application is transferred.
- The fee once paid, will not be refunded. Unless some excess amount is paid to the Controller of the Patents.
- The charges can be paid in advance of the application process.
- Some measures of charge can be discounted; if the application is pulled back the main articulation of complaint is given. The amount specified is referenced in the First Schedule of the Act.
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