Patent Registration
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What Is Included In Our Package?
Fill Application Form
Conduct a Patent Search
Prepare Application
Patent Submission
Your Work is Completed
Patent Registration
After the procedure of patent registration, one gets property right to an invention administered by an individual or a firm. In case it is unique, the government will concede you the full appropriate for your product. It awards you the full right of making, utilizing, selling, or bringing in the item or process and denies others from doing as such. According to the Patent Act, 1970 and Patent Rules 1972 patents are represented in India.
The lifetime of a patent is 20 years. This period is restricted in most cases, yet it could not be extended out by the act of congress and in rare cases, it could be extended out for a couple of years.
The patent could be for some things, be it process, art, a method to manufacture, particular apparatus, machine, computer software, chemicals or drugs, technical application. We, at LegalRaasta go about as patent specialist and assists organizations with enlisting themselves in Delhi NCR, Mumbai, Bengaluru, Chennai, and all other Indian urban communities
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 innovation.
- ✔ 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.
Types of Patent Applications in India
- ✔ Ordinary application: This kind of application is administered out when there aren’t any application or reference to some other application under process within the Indian Patent office. The priority date and filing date are the equivalents for conventional applications.
- ✔ Conventional application: If an innovator has just filed a patent in another nation and now wants to do likewise, at that point this comes under the conventional application. It is compulsory to file the appliance for Indian patent within a year (12 months) of first filing it.
- ✔ PCT International application: PCT International application allows you to file the patent application in different nations and you can file it in up to 142 countries. It could take between 30-31 months from the universal filing date to enter and guarantee safety in each country.
- ✔ PCT National phase application: You can file this application within 31 months from the global filing date.
What Is Included In Our Package?
Prior Art Search
Application Drafting
Government Fees
Application Filing
Requirements of Getting a Patent in India
- ✔ Patentable subject matter: According to the Patents Act, section 3 and 4 carries the list of non-patentable topic. Your creation should not fall under this list.
- ✔ Inventive or non-obviousness: The topic you wish to get patented should not be clear to specialists in the field. That is, it should be technologically advanced or economically gainful to be patented.
- ✔ Novelty: The invention should be new and creative. Thus, it should not be utilized in the public domain or somewhere around the world.
- ✔ Industrial applicability:Finally, this invention should be handy and usable in the industries or public domain.
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.
Advantages of Patent Registration
- ✔ It keeps the competitors at bay, as you have all the rights reserved to yourself.
- ✔ Moreover, it increases your business revenues as it enables the patent holder to charge a premium for the invention.
- ✔ These patents are just like other forms of property. Hence, it is possible to license or sell them.
- ✔ It makes it easier to raise capital for your business if you are ready to sell or license the patent that you possess.
- ✔ The credibility of the inventor will go up after the patent registration is done.
- ✔ The selling of the idea outright will bring in much advantage to the inventor. It only brings royalty of 5% or less, but it is highly advantageous to people who have the idea but don’t have enough money to bring the invention to the market themselves.
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