A patent is a right granted to an inventor for protecting their inventions from being misused or stole. Only the inventor is allowed to apply for a patent for protecting his original idea,
And in case of joint inventions, such an application shall be made jointly.
Once the patent is applied, a thorough search is performed to ensure the idea or product invented is original, novel, and applicable to the industrial process. In India Patent, its registration and violation are governed under the Patent Act 1970 with the head office of patents in India located in the state of West Bengal, Kolkata.
Following are the step by step procedure to get Patent Registration Online:
- Before filing the patent, the inventor shall perform the search online to know whether his invention is original and available for a patent license. One can search the availability of patent online through official website intellectual property http://ipindiaservices.gov.in/publicsearch
- The next step is to fill the application form for applying for a Patent License in Form 1.
- Patent Specification in Form 2 shall form the part of the application. Specification about the invention can be either provisional or complete that depends upon the state of the invention, such as whether it is completed or under-process.
- The patent draft shall also be annexed with a patent application which is one of the most important supporting documents inspected by the patent office.
- Once the patent application is filled with the patent office, it is published in the official patent journal after 18 months of applying. The applicant can request for earlier publication in Form 9 if he intends to do the same.
- The next stage is the proper examination of the Patent Application for its authentication about inventor and invention. The applicant shall apply in Form 18 and examination application is based on first come first serve that is earlier you file examination application; earlier your application will be examined.
- Examiner after thorough inspection shall issue the report and analysis and objections if any, shall be communicated.
- Authority shall grant the Patent License once all the objections raised are resolved.
Rules to be kept in mind while filling for Patent License in India:
- Fees payable for the grant of patent or other forms related to patents are specified in the first schedule of the patent act.
- In case of physical filling of documents, an additional fee of 10% is payable
- Applicable fees must be paid to appropriate officers in cash, demand draft, cheque or even online through internet banking.
- In case the application is transferred from one person to another, the new applicant shall pay the difference in fee, if any along with the request for transfer.
- There is two kinds of Patent License prevail in India:
- Design Patent: This patent protects the design for the invention
- Utility Patent: This patent protects the functions and methods used for producing the product.
Contact our team of experts and professionals to get the consultancy or advisory support in patent registration Online that has expertise in Intellectual Property Rights and its licenses under all the categories such as trademark, copyright, patent, and design.
