Patent registration is a legal process under the Patents Act, 1970, that grants exclusive rights to inventors for their inventions. This comprehensive guide will help you understand the patent registration process, requirements, and benefits in India.
For an invention to be patentable, it must meet the following criteria:
Our streamlined process ensures quick and hassle-free patent registration:
Conduct a comprehensive search to ensure the invention is novel and doesn't infringe on existing patents. This helps assess the patentability and potential challenges before filing.
Draft detailed patent specifications, claims, and technical drawings. File either a Provisional Application to secure priority date or a Complete Application with comprehensive documentation.
File the patent application with the Indian Patent Office along with all required forms, fees, and supporting documents. Receive application number and filing receipt.
The application is published in the Official Patent Journal after 18 months. Request examination within 48 months of filing to initiate the patent examination process.
Patent office examines the application for compliance with patentability requirements. Respond to any objections or queries raised during the examination process.
Upon successful examination, receive the Patent Certificate. Maintain the patent by paying annual renewal fees from the 3rd year onwards until expiration after 20 years.
Find answers to common questions about patent registration, eligibility, process, benefits, and compliance requirements.
A patent is an exclusive right granted to an inventor for a new invention, preventing others from making, using, or selling it without permission for a limited period of time.
Any person, company, or organization that has invented something new, useful, and non-obvious can apply for a patent. The invention must be capable of industrial application.
A patent is valid for 20 years from the date of filing, subject to payment of annual renewal fees from the 3rd year onwards.
Software per se cannot be patented in India, but software with technical effect or when combined with hardware may be patentable if it meets the patentability criteria.
Patent registration costs vary based on the type of application, complexity, and professional fees. Government fees start from ₹1,600 for individuals and ₹4,000 for companies.
A provisional patent application provides temporary protection and establishes a priority date while you develop your invention further. You must file a complete application within 12 months.
If you don't pay the annual renewal fees, your patent will lapse and you'll lose the exclusive rights. There's a grace period of 6 months with additional fees.
Yes, you can sell (assign) your patent or license it to others. This allows you to monetize your invention while retaining ownership or transferring it completely.
Patent infringement can result in injunctions, damages, and account of profits. The court may award damages equivalent to the loss suffered by the patentee.
Yes, you can file patent applications in multiple countries. The Patent Cooperation Treaty (PCT) allows you to file a single international application for multiple countries.
The patent registration process typically takes 2-4 years in India, depending on the complexity of the invention and the examination process.
A utility patent protects the functional aspects of an invention, while a design patent protects the ornamental or aesthetic appearance of a functional item.
Yes, companies can file for patents. The patent can be assigned to the company by the inventor, or the company can be named as the applicant if the invention was made as part of employment.
Yes, if your patent application is rejected, you can file an appeal with the Intellectual Property Appellate Board (IPAB) within the prescribed time limit.
Patent opposition is a process where third parties can challenge a patent application or granted patent by filing an opposition with the patent office within specified time limits.
Yes, patents can be revoked if they don't meet patentability requirements, if there's prior art, or if the patentee fails to comply with certain obligations.
No, patents are territorial rights. An Indian patent is only enforceable in India. You need separate patents in other countries for protection there.
A patent specification is a detailed document that describes the invention, including its technical details, claims, and drawings. It forms the core of the patent application.
A patent agent is a qualified professional who can represent clients in patent matters before the patent office. They help with patent applications, prosecution, and related legal matters.
No, only the first person to file a patent application for an invention can get the patent. The "first-to-file" principle applies, not "first-to-invent".
Patent registration is essential for protecting your innovations and maintaining competitive advantage. Asktrix provides expert guidance and comprehensive support to help you navigate the patent registration process efficiently and secure your intellectual property rights.