The Patent Registration Process in India is, undertaken in accordance with The Indian Patent Act of 1970. The legislation defines Patent as a right that is assigned to individual or an origination who individually or collectively invents or develops a product or process of manufacturing a product. The Registration of Patent can be availed for different kind of products or processes by filing an application for patent registration with the Patent Registration Office, which is part of the Ministry of Industry and Commerce. Once the application if filed along with the necessary papers, then it is thoroughly examined by legal experts and finally a decision is taken, with respect of refusal or acceptance of the Patent. Indian Patent Act allows grant of patent to concerned assignee for specific timeframe of 20 years and thereafter the patent needs to be renewed or shall be awarded to other party applying for it. Due to the complex law and complicated legal procedure, the Patent Registration Process in India , requires one to hire an attorney for legal assistance in the process.
Requirements for Filing the Patent in India as per ‘The Indian Patent Act, 1970’
- Full name, address & nationality of applicant(s) and inventor(s).
- Specification, provisional / complete drawings, claims and abstract.
- List of countries to claim priority, if any, where the application / applications for the grant of patent has / have been filed, along with date and application number.
- Power Of Attorney
Procedure for the Grant of Patent
- Filing of Application for Patent Registration
- Request for examination of application to Patent Office
- Examination and citation of objections (if any)
- Patent is Open to third party opposition for period of one year from date of advertisement
- If no third party objections are received than Patent is granted.