Intellectual Property has become today the most sought after wealth in the world. With increasing risk of duplication and forgery of ideas, inventions and products, the need to protect and secure the unique and individual identity of anything new, has become inevitable. One of the most common preferred and secure ways of protecting your ideas and inventions is by availing Patent Registration for it.
Patents are generally described as the rights granted to an individual or a company who invents anything new, to exclusively manufacture or process the product, for prescribed time frame. Patents play a very important role in determining and securing distinct identity of the product as well as the person who has invented it. Therefore Patent Registration is has become increasingly important part of business. Patent not only allows one to protect it from being copied but also ensures limited, legalized use of the idea or products, with written permission from the owner to do so. Once registered, a Patent can be treated as a security commodity that can be traded or hired like any other asset, and therefore is also a valuable source of income for owners.
The Registration Process for Patents is very simple and involves following steps :
- Filing of Application for registration of the Patent
- Submission of Power of Attorney duly stamped by Public Notary
- Examination of the Application
- Acceptance or Refusal of the Patent.
Patents have become the most common and effective way of protecting your intellectual property. With the increasing awareness about the advantages of Patent, we have witnessed a general positive trend in the Registration of International Patents. However with the increasing use, the ambiguity around the registration process and the ideas and things that can be protected via it has also increased. Generally an International Patent Registration can be availed for the following :
- Product Patent : For a new part or an innovative product
- Process Patent : For a way of making something
- Patent for industrial design : New equipment used in an industrial process
- Patent for a new use for a product, and many others.
Each country follows its own independent process of Registration of Patents, as per their legal or judicial setup. But some countries collaborate their patents with others and in such cases the patent offered by authority in one country is considered to be legally binding upon the other member country. However the common process of Patent Registration involves Filing of Application form, submission of power of attorney, examination of application and either acceptance or rejection of the plea. Once this process is over, the product or idea patented by you, cannot be used or replicated without your prior permission. read more…
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. read more…