What is a Patent?

A patent is right or a kind of license which is given to someone for a determined amount of time by the government which confers on the person the sole authority to exclude others from using, promoting, selling or modifying an invention in exchange of public disclosure of the details of an invention.
There are certain requirements an invention and inventor must be fulfilling in order to obtain a patent. Those are:

  • Industrial applicability
  • The resourcefulness of the invention
  • Originality of the invention

 

The person holding this patent would get sole rights to the invention for a specified time which would assure him a market reserve. Anyone who has an original invention or product, a new manufacturing process or an improvisation in an already existing product can apply for patent protection.

 

We also do Patent Litigation and Infringement Cases

Procedure of Patent Registration in India :

  • Step 1 : Patentability/Novelty Search
  • Step 2 : Patent Drafting
  • Step 3 : Patent Filing
  • Step 4 : Publication
  • Step 5 : Request for Examination
  • Step 6 : Issuance of Examination Report
  • Step 7 : Hearing with the Controller
  • Step 8 : Grant of Patent

Advantages of Patent

  • Patent protects invention: It an intellectual property which protects your invention and prevents other to use it without your prior permission.
  • Sell or transfer patent right: Registration of patent allows you sell,transfer or franchise your patent. This will help you to raise more revenue.
  • Patent valid for 20 years: Your invention gets protection for a particular period which helps you to protect your invention.

Patent Types

The Patents can be broadly classified into two categories:

  • The Invention Patent: This patent is not defined by a law and is inclusive of all inventions which fulfill the industrial applicability, resourcefulness and originality clause.
  • The Utility Model: This kind of patent is law defined and comprises of all objects of practical utility which is subject to industrial applicability which results in functional enhancement of the utility of the product or its manufacturing.

 

Rights and Validity Expiration

The patents filed will be thoroughly evaluated and examined for its resourcefulness, applicability and originality before granting rights to the applicant. The patent once granted, makes available the rights claimed by the applicant for a fixed period of time. The holder has the permission and exclusive rights to manipulate or explore the patented product or invention within the National Territory or within the valid patent limits.

The patent holder can prevent unauthorized or illegal production or trade of the patented product or the process of production of the process. The extent of protection of the patented product depends on the claims submitted by the applicant. The holder is also insured against any potential damages that might occur during the exploration or commercialization of the product between the date of publication of the patent and the date of definitive granting.

The Validity of an Invention patent is 20 years counted from the date of filing of patent application and the Utility Model Patent is applicable for 15years from the date of filing.

 

Patent Clause of Inventions by Employees

The invention made by an employee(s) during the course of employment and under the influence of an employment contract which assigns inventive rights to the employer and if the hiring was specifically made to utilize the employee’s skills for the inventive purpose, will belong to the employer exclusively.

In case of the invention being developed apart from the employment contract or when there is no clause which limits the invention to the employer the invention belongs solely to the employee. It is the same if the invention was done without any help physical or monetary from the employer.

The invention belongs both to the employer and the employee in cases wherein it was developed by the intellectual and skill contribution of the employee with the material, means and installation support of the employer even in case of the no employment clause.

 

Required Documents

There are certain documents required to file a patent:

  • Drawing, picture or a small model of the product to be patented. This is required to comprehend and prepare the specification of the patent application.
  • Power of Attorney in case the product is a corporate entity
  • Assigning Document or papers mentioning the inventor in case of the product being a corporate entity.

 

In case of patents which need to be auctioned immediately on a priority basis, the following documents needs to be submitted:

 

  • Official copy of the application of patent where it was filed originally issued by the PTO.
  • Power of Attorney from the inventor
  • Assigning document or papers mentioning the inventor in case of the product or invention being a corporate entity.

 

Some patents are filed under the international law which provides a unified platform and filing procedure for patent applications across the globe. In case of patents filed under the International law treaty (PCT), a single application is filed in one language. A copy of the International application and a power of attorney is required to file PCT.

Document Requisites for Filing a Patent

  • Triple copies of the Application form (Form 1)
  • Duplicates of Provisional Specification and claim submission. In case the provisional specification is already filed, a complete version must follow within a year of filing it (Form 2)
  • Two copies of drawing and photograph of the invention/product
  • Model of the product in duplicate
  • Two copies each of undertaking of foreign patents with a mention of number, the date of filing, status of the patents and the application form. (Form 3)
  • Copy of the priority document in case of urgent filings with a mention of the priority dates as and when directed by the Controller.
  • Declaration of inventor in case where the provisional specifications is followed by complete specification or in case of PCT filings national phase applications (Form 5)
  • Power of Attorney in case of corporate filings or when filed by an agent.
  • A detailed description of the product/invention
  • The documents (with the exception of drawings) must be sent with large font size with widely spaced lines and clear and ineradicable ink on white paper.

 

Required Data during Patent Filing

The following data is required while filing patent

  • Name of the Applicant(s)
  • Address in detail of the Applicant(s)
  • Nationality and Nativity of the Applicant(s)
  • Name of the Inventor (In case of the applicant being an agent or another person different from the inventor(s))
  • Address in detail of the inventor(s)
  • Nationality of the inventor(s)
WHAT IS PATENT?

Patent is an exclusive right given for his invention given to the patentee in exchange of his disclosure of invention and how it works. The exclusive rights includes right to exploit the invention commercially and also it act as a barrier for others from intervening in such exploitation, in the case of intervening the patentee have the right to sue and get compensation for his damages.

WHAT ARE THE ESSENTIALS FOR PATENT?
1) It should be either invention or inventive step. 2) Such invention or inventive step should be novel. 3) Such invention or inventive step should be non-obvious. 4) Such invention or inventive step should be capable of industrial application. 5) Such invention or inventive step should not fall under s. 3 and s. 4 of Indian patent act.
WHO CAN APPLY FOR AN PATENT?

Generally, the true and first inventor or his assignee can file for a patent and certain situation his legal representatives also can file for patent.

CAN FILE FOR PATENT FOR PUBLISHED INFORMATION?

No, patent  is granted only for unpublished invention. The invention should be novel and non- obvious. But however our patent law provides grace period about 12months after such publication with certain condition to grant patent

IS THAT THE EXAMINATION/INSPECTION BEGINS AUTOMATICALLY?

No, the  examination will begin once it was requested by the patentee. It should be requested within 48 months from the prior date or filing

WHAT IF NO REPLY OR NOTHING MADE FOR SUCH REQUIREMENT ASKED BY THE PATENT OFFICER WITHIN 12 MONTHS?

If no reply or no requirement made within 12 months, the application is deemed as abandoned one.

IS PATENT RIGHT CAN BE EXERCISED ALL OVER THE WORLD?

No, because it is a territorial right only can be exercised within the country

WHAT IS THE PROCEDURE TO APPLY FOR A PATENT?

Patent begins with application while submitting application you need to submit provisional or complete specification about the invention. If you submitted provisional specification you will be given a time about 12 months to submit the complete specification, once you done after the examination, the report will be given and need to do requirement if it specified in the report once done and it will be published in patent journal for objection. If no objection made within 6 months, then the patent will be granted.

HOW LONG THE PROTECTION WILL BE PROVIDED?

Patent protection is not permanent one it is for a limited period of time, in India it is for 20 years, later the invention will go for public domain.

WHO GRANTS PATENT?

Generally, it will grant by the controller of patents in Indian patent office.

WHAT WILL BE NEXT AFTER THE EXAMINATION?

Once the examination done, the patent officer will issue a report, based upon the report if any requirement need to made, it should be done within the 12 moths. Once done and there is no petition for objection the patent will be granted.

When can we object a patent?
A patent can be objected in two ways one is pre grant and another post grant. Pre grant can be done within 6 months from the date of publication in the patent journal. Post grant objection can be done within 12 months from grant of patent.