Patent

Patent is the type of Intellectual Property that gives the inventor of a novel product or process to use, sell or manufacture the invention. It gives exclusive rights to the inventor to exclude others from making, manufacturing, selling, or using the patented product or process without proper permission or license. Patent registration is valid for a period of 20 years.

In India, the legislation the deals with Patent is the Patent Act, 1970 and the Patent Rules, 1972. Under the Act, any process, a method to manufacture, apparatus, machine, computer software, technical application, chemicals or drugs can be patented.

Get A Patent For Your Invention

Documents needed for Patent Registration in India

  1. Address and identity proofs of the owner are required.
  2. In case of a Company, the Certificate of Incorporation
  3. Description of the Invention
  4. Title of the Invention

Process of Patent Registration in India

The process of Patent registration in India includes conducting a patentability search and collecting the relevant documents. After gathering the documents, the Patent application is drafted and filed with the Patent Registrar. Upon approval of the application, it is published in the journal. A request for examination is made after which, the examination report is issued. The Patent is granted after the hearing with the Controller is conducted.

FAQs

What is a Patent?
A Patent is the IPR granted to an inventor to make, use or sell the invention for a specified number of years in the market.
What can be Patented?
Any new invention which is novel, has an inventive step and is capable of industrial application can be patented. This includes the process for manufacturing, software for technology, food, chemical and drug-related patents.
In how much time a Patent application is processed?
A Patent application can be easily filed within 7 working days
What is the validity of a Patent?
The patent registration in India is valid for 20 years, after which the Patent will open for objections from the general public.
When should a Patent application be filed?
Filing of an application for a patent must be completed at the earliest possible date and should not be delayed. It is advised to get a provisional Patent before getting a permanent Patent.
Is a Patent valid outside India?
A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries.
What are the rights given by a Patent?
The patent-holder holds exclusive rights that prevent any other person from using, making, selling, or commercialising a patented product or process without permission or license.
Can a software be patented?
A software can be patented if it fulfils the patentability criteria of being novel, non-obvious and industrial applicability. Also, the software must not be falling under the category of non-patentable items.
Is Patent search important?
Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.
Is physical presence necessary for Patent registration?
No, a Patent can be easily registered online with Legistify’s premium legal services.