Patent Registration

A patent is a right granted to an individual or enterprise by the government that excludes others from making, using, selling or importing the patented product or process without prior approval.

A patent, like any other intellectual property like Copyright or Trademarks, can be transferred or sold by the inventor. Every Indian inventor who wants to protect his/her intellectual property, irrespective of their sector, looks through ways on how to file a patent in India. Patent filing in India requires proper documents and is a complicated to deal, however, with the right legal guidance it can be done easily.

Benefits

a. Granting of a patent is a form of encouragement for innovations and inventions, and once a patent applicant files for it he or she becomes the exclusive owner of the invention if the patent is granted.

b. Filing a patent in India is important as it restricts the contenders from copying, selling or importing the inventors’ creation without their permission, and it is valid for a period of 20 years from the date of application of the patent.

c. A patent, like any other intellectual property, can be transferred or sold by the inventor.

d. A patented product is likely to improve brand perception and potentially enable your business to charge a premium.

e. Patents can increase your business revenues while slowing down rivals for years to come.

f. With exclusive rights, the owner of the patent controls the use of the invention for a full twenty years.

g. Patents can be sold and licensed like other forms of property.

Common Type of Patent application

The most common types of patent applications in India are-

An ordinary application is filed without claiming priority from any application or any reference to any other application under process in the Indian patent office. It is important to note that the filing date and the priority date are the same. An ordinary application is filed along with a complete specification and claims.

When a patent application has already been filed in other country and when the patent is filed for the same invention in India, then this type of application is called conventional application. It is mandatory for the applicant to file the application in Indian patent office within 12 months from first filing it.

A PCT National Phase application can be filed within 31 months from the international filing date.

If you want to claim your priority in multiple countries, then filing a PCT application is important and it allows up to 142 countries. The time period is between 30-31 months from the international filing date to enter and claim protection in each country.