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How to Register a Patent in India?

Poonam , Last updated: 25 February 2023  
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Patent registration is essential for any individual to protect their unique product or process from being copied by others. No other company or individual will be able to copy the product if the original creator holds a patent from the law of India.

If you have designed a unique product and want to register a patent for it, this is the right blog for you. In this article, we have covered the process of registering a patent in India.

How to Register a Patent in India

What is patent registration?

A patent is an exclusive right given to the original creator for a limited period. During this period, the original creator has all the rights to control, make, and sell their product in the market. 

Once the patent is granted to the individual or the company, the patentee will only be able to replicate it with the patentee's consent. However, only some people who file for a patent will get approval. There are a few things to keep in mind and understand what kind of products or services get a patent approved.

You will have full rights over the product or service with patent registration. The Patent Office, Controller General of Patents, Designs & TradeMarks board, controls patent registration in India.

The patent is valid only for 20 years from the date of approval.

 

What can be patented in India?

Any invention related to the process, manufacturing, software, or any other invention created to be used by the general public can be patented by the law of India.

What cannot be patented?

Here is the list of products or services that cannot be patented

  • Inventions that are against the natural laws.
  • An invention that is harmful to the human being or any living creature on the planet.
  • If it is a scientific principle or derived from a theory.
  • If it is a discovery of a living or non-living being in the nature.
  • The invention of the existing machine or a process that produces no individual output.
  • A mixture that results in the collection of properties of the same components.
  • Most common arrangement and rearrangement of devices.
  • Any process that is used for horticulture or agriculture purpose.
  • Mathematical methods or computer programs.
  • Any manner of playing games.
  • Inventions that are connected to the atomic energy.
  • Any presentation that contains only information.

Eligibility for patent registration

Patent registration is applicable if:

  • You are the first inventor.
  • Assignee of the true and first inventor.
  • Representative of the deceased inventor.
  • Per the patent act, "a person" is someone who is natural, association, company, or body of individuals, irrespective of whether it is incorporated.
  • The inventor must disclose the name, address, and nationality as the true and first inventor.
  • If it is a partnership firm, then all the names of responsible partners must be included.

Patent registration procedure

  • Patent Search: You, as an inventor, must prove that your product is unique to file for the patent. A patent search will then verify if there are any other inventions around your idea. If it is unique, then your patent will be granted. If not, it will not be granted. A patent search is the most time-consuming process.
  • Patent Domicile: A patent approved in India is valid only in India. It gives the creator protection only in India. The creator must apply for additional patent registrations in the respective countries to protect the product or service from being copied in other countries.
  • Filing Patent Application: This is one of the critical aspects of filing a patent. To complete this process, you need expert guidance. If you are in the initial stages of development, filing for a provisional patent application is recommended.
  • Patentability Report: Once the creator submits the patent, the agents or officials of the patent office of the India Government review your documents. So, it is essential to have all the required documents attached along with the patent application.
  • Publication of Patent Application: Within 18 months of applying, the application is published in the patent journal. If you need the patent to be filed early, you must shell out more money. 
  • Until the patent is formally published in the journal, the details of the patent are kept confidential by the Indian Patent Office.
  • Patent Examination: After the patent's first filing, there will be 48 months to submit a request to proceed with the patent examination formally. Once done with this, the official will perform a thorough investigation known as patent prosecution.
  • Patent Objections: If there are any objections, the creator must go through these objections and the patent examination report and respond appropriately.
  • Grant of Patent: Once the patentability requirements are passed, the patent notification will be published in the journal.
 

Conclusion

You need to follow these steps to file a patent for your product or service. Also, before you file for a patent, check if any other individuals or companies have designed a similar product in your niche to avoid any rejections.  

The author is a law professional team member at Taxtolegal (A legal platform for startups and SME)

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Published by

Poonam
(Lawyer)
Category LAW   Report

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