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A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get Patent Registration, technical information about the invention must be disclosed to the public in a patent application; both natural persons and corporate entities may apply for a patent.
Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance, it can be done easily. Any business entity or an individual who believes in securing his patent, which is one of the intellectual properties, should get a legal consultation from expert patent practitioners.
ComplianceIndia helps you with the simplest way to file a patent.
Advantages of Patent Registration
Determining the Scope of Patent
Provide an idea to eliminate future objections
After filing of patent and, the Patent Office examine the proposed invention for its novelty, inventive step and industrial application. This examination may found some closest prior arts of the proposed invention during the patent search in India. If the patent search is conducted than it is easy to show technical differences in the reply against the cited prior arts.
Patent Specification drafting gets easy
The patent search helps the applicant and the patent agent in drafting the claims and specifications of the patent. It ensure that the claimed features of the proposed invention are not overlapping with any prior arts. Patent search makes its easy to draft the strong specification which can eliminate the chances of overlapping of the invention with prior arts disclosing similar invention.
Prerequisites of Patent Registration
– Before applying for the patent, a patent search is the first thing that is to be done. A patent search’s main purpose is to determine how different an invention is from what already exists.
– A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:
1. The true and first inventor
2. True and first inventor’s assignee
3. The representative of the deceased true and first inventor his / her assignee
– According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
1. In the case of a proprietorship firm, the application should be made in the proprietors’ name.
2. In partnership firms, the names of all personally responsible partners must be included in the patent application.
– An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
– The applicant is required to disclose the name, address, and nationality of the true and first inventor.
How we Work?
Documents Required for Patent Registration
Details of the applicant
Details of the invention
Drawings (if any) for better clarity
Compare Related Services
|The Patents Act, 1970||The Copyright Act, 1957||Trade Marks Act, 1999|
|Registration Requirement||Mandatory||Optional||Mandatory for claiming exclusive right|
|Most likely used for||Inventions||Artistic works||Brand Name & Logo|
|Provisional application requirement||Yes||No||No|
|Valid for||20 years||Whole lifetime of the creator||10 years|
|GET STARTED||KNOW MORE||KNOW MORE|
Our charges for application of Patent Registration starts from Rs. 4,999/-.
Frequently Asked Questions
1. Is it mandatory to conduct a patentability search before filing for a patent?
A professional patent search is not mandatory but it is always better to get it done before applying for patent registration. It saves a lot of time, money, and labour. The patent registration process involves a lot of time and money both, therefore, it is better to be aware of the invention’s patentability and scope.
2. Is it safe to provide information about my invention to a patent search company?
No, disclosing any information about your invention is risky, as a patent cannot be registered once it becomes public. On the other hand, prior art search is also very important and it is always preferable to consult a professional regarding it. Therefore, because of the crucial nature, it’s better to consult a trustworthy company or a person and ask them to sign a non-disclosure agreement before providing any information regarding your patent to them. ComplianceIndia can be your trustworthy partner for registering patents. For us, confidentiality is a matter of our business integrity.
3. What if my idea is already patented?
If the idea of the invention is already patented, one can review the granted patent and identify the scope of improvement to have improved invention which can be patentable in light of patented invention. Thus, Patent Search helps to modify the patent idea and make it patentable.
4. Does the patent search include only patents?
Every prior publication puts an invention at risk of being declined as a patent. Each and every information available in public domain in any form is considered as prior art. The patent search reports may also include web pages, scientific articles, products, etc.
5. Does the patent search guarantees that the invention will not get sued in the future?
No, the purpose of a patent search is to evaluate if any invention available in the public domain which is closest or similar concerning the proposed invention. The patent search report does not claim to test if your invention’s components are protected by other patents. For this, you need to perform a freedom to operate search.
6. Can I do my own patent search on the Internet?
Yes. You can do a preliminary search of your invention on the internet. However, it is always advisable to take consultation of professionals.
As a disclaimer performing patent searches, whether through internet search engines or other databases requires the use of keyword searching, which is an art that takes a lot of experience to do well. As such result and accuracy will vary with the experience of the searcher.
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