Hello Guys , In this blog I am going to share about Patent in India, Patent Registration, Patent Fees, Patent Types, and Patent Status, So lets start-
INTRODUCING PATENT IN INDIA
In India, a patent is a form of intellectual property that gives the holder exclusive rights to prevent others from making, using, selling, and importing an invention for a certain period of time, typically 20 years from the date of filing. In order to be eligible for a patent in India, an invention must be new, useful, and non-obvious. Additionally, patents can only be granted for certain types of inventions, such as processes, machines, manufactures, and compositions of matter. The Indian Patent Office is responsible for granting patents and enforcing patent rights in the country.
PATENT OFFICE IN INDIA
The Patent Office in India is the government agency responsible for granting patents and protecting intellectual property rights in India. The office is under the jurisdiction of the Ministry of Commerce and Industry and is headquartered in New Delhi. It is responsible for examining and granting patent applications, as well as maintaining records of granted patents and enforcing patent rights. The office also provides information and assistance to inventors and businesses regarding patent law and procedures. The office is also responsible for promoting innovation and creativity in the country by encouraging and protecting the rights of inventors and creators.
HOW TO REGISTRATION PATENT IN INDIA
To register a patent in India, the following steps should be followed:
1. Conduct a patent search: Before filing a patent application, it is important to conduct a search to determine if the invention has already been patented or is already in the public domain. This can be done by searching the Indian Patent Office database or by conducting a global search.
2. File a patent application: A patent application must be filed with the Indian Patent Office, along with the required fee. The application should include a detailed description of the invention, including drawings, if applicable. The application must also include a claim or claims outlining the precise scope of the invention.
3. Examination of the patent application: After the patent application is filed, it will be examined by a patent examiner to determine if it meets the requirements for grant of a patent. The examination process may involve correspondence with the applicant and may take several months.
4. Grant of the patent: If the patent application is found to be in compliance with the patent laws and regulations, a patent will be granted. The patent will be published in the official journal of the Indian Patent Office, and the grant of the patent will be notified to the applicant.
5. Maintenance of the patent: Once a patent is granted, it must be maintained by paying annual renewal fees to the Indian Patent Office. The patentee must also take necessary steps to enforce the patent, if infringement occurs.
It is advisable to consult with a patent attorney or agent to guide through the patent registration process.
COST OF PATENT IN INDIA-
The cost of obtaining a patent in India depends on several factors, including the type of patent application (provisional or complete), the category of the applicant (small entity or large entity), and the number of claims in the patent application.
The following are the approximate cost of obtaining a patent in India:
- 1. Filing a provisional patent application: INR 4000-5000 (for small entity) and INR 8000-10000 (for large entity)
- 2. Filing a complete patent application: INR 30,000-40,000 (for small entity) and INR 60,000-70,000 (for large entity)
- 3. Examination fee: INR 8000 (for small entity) and INR 16,000 (for large entity)
- 4. Grant fee: INR 9000 (for small entity) and INR 18,000 (for large entity)
- 5. Renewal fee: INR 3000-4000 per year (for small entity) and INR 6000-8000 per year (for large entity)
It’s important to note that these costs are approximate and may vary depending on the specific circumstances of the patent application. Also, it’s advisable to consult a patent attorney or agent for more accurate cost estimation and to guide through the patent registration process.
TERMS OF PATENT REGISTRATION IN INDIA
The terms of patent registration in India are governed by the Indian Patents Act, 1970, and the rules and regulations set forth by the Indian Patent Office.
Here are some key terms related to patent registration in India:
1. Patentability: An invention is considered patentable if it is new, involves an inventive step, and is capable of industrial application. Inventions that are not patentable include discoveries, scientific theories, mathematical methods, plant or animal varieties, and methods of agriculture or horticulture.
2. Prior art: Prior art refers to all information that has been made available to the public before the date of filing of a patent application. This includes published literature, patents, and other forms of public disclosure.
3. Proprietary rights: A patent grants the patentee exclusive rights to prevent others from making, using, selling, and importing the invention for a certain period of time. These rights are granted for a period of 20 years from the date of filing of the patent application.
4. Infringement: Infringement occurs when a third party makes, uses, sells, or imports the patented invention without the permission of the patentee. Patentees have the right to take legal action against infringers to enforce their proprietary rights.
5. Maintenance fees: Patentees must pay annual renewal fees to maintain the validity of the patent. If the maintenance fee is not paid, the patent will expire and the proprietary rights will no longer be in effect.
6. Working of patent: Patentees are required to work the patent by commercially exploiting the invention in India within three years of grant or four years of filing of the application, whichever is earlier.
It’s important to note that these terms may be subject to change by the Indian Patent Office and also it’s advisable to consult a patent attorney or agent for more accurate information.
TYPES OF PATENTS IN INDIA
In India, there are several types of patents that can be obtained, depending on the nature of the invention and the stage of the patent application process. They are:
1. Ordinary patent: This is the most common type of patent and is issued for new and useful inventions that are industrially applicable.
2. Provisional patent: A provisional patent is a temporary patent that is granted to an inventor to establish an early priority date for their invention. It is valid for a period of 12 months and must be followed by a complete patent application.
3. Innovation patent: This type of patent is granted for new and innovative inventions that are not considered to be sufficiently inventive to qualify for an ordinary patent.
4. PCT national phase patent: A PCT national phase patent is granted to an inventor who has filed a Patent Cooperation Treaty (PCT) application and wishes to enter the national phase in India.
5. Utility model: This type of patent is granted for new and useful inventions that are not considered to be sufficiently inventive to qualify for an ordinary patent.
6. Plant variety protection: This type of patent is granted for new, distinct, uniform and stable plant varieties.
It’s important to note that the Indian Patent Act and rules and regulations are subject to change and it’s advisable to consult a patent attorney or agent for accurate and up-to-date information.
INDIN PATENT STATUS
The Indian Patent Office maintains a database of all patents filed in India, and the status of each patent application is publicly accessible. The status of a patent application can change over time, as it goes through the various stages of the patent application process. Here are some of the common statuses that a patent application may have in India:
1. Pending: The patent application is under examination by the Indian Patent Office and has not yet been granted or denied.
2. Abandoned: The patent application has been abandoned by the applicant, either voluntarily or due to non-compliance with the requirements of the Indian Patent Office.
3. Rejected: The patent application has been denied by the Indian Patent Office because it does not meet the requirements for patentability.
4. Withdrawn: The patent application has been withdrawn by the applicant, either voluntarily or due to non-compliance with the requirements of the Indian Patent Office.
5. Granted: The patent application has been granted by the Indian Patent Office and the patent is in force.
6. Expired: The patent has expired because the renewal fee was not paid or the patentee did not work the patent.
7. Revoked: The patent has been revoked by the Indian Patent Office due to non-compliance with the patent laws or non-working of the patent.
It’s important to note that the Indian Patent Office’s database is the official and most reliable source of information on the status of a patent application. It’s advisable to consult a patent attorney or agent for more accurate information and for guidance on how to access the database.
FINAL WORD ON PATENT –
This means that, the holder of a patent has the exclusive right to control the production, sale, or use of the invention, and can prevent others from making, using, or selling the invention without their permission. Additionally, patents can only be granted for certain types of inventions, such as processes, machines, manufactures, and compositions of matter. The Indian Patent Office is responsible for granting patents and enforcing patent rights in the country.