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Register Patent in India
A patent registration helps you to get a patent of an itellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. Online Patent Registration or online patent filing in India can be done through Legalraasta which act as patent agent in Delhi NCR, Mumbai, Bengaluru, Chennai & all other Indian cities.
What is included in our Package.
Procedure for Patent Registration
Criteria for filing a Patent
- Novelty: i.e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
- Inventive Step/Non Obvious: If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
- Industrial Applicability: Invention should be useful, such that it can be used in an industry.
Why Patent Registration
- Get royalty by licensing your patent
- Protection for a period of 20 years in India
- You can then utilize your invention yourself.
- Stop others from using your invention without your permission
What is a Patent?
- The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.
- TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.
- This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent.
Advantages of Patent
- Patent protects invention: It an intellectual property which protects your invention and prevents other to use it without your prior permission.
- Sell or transfer patent right: Registration of patent allows you sell,transfer or franchise your patent. This will help you to raise more revenue.
- Patent valid for 20 years: Your invention gets protection for a particular period which helps you to protect your invention.
Steps for Patent Application
Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly.
Step 1: Patent search- How to check patents? it is the most common quesion amng people when they want to patent for an idea. So, legal raasta performs patent search for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, than patent is not granted. Patent search saves you from the effort of going through the year long registration process. You can stop if the patent is already registered.
Step 2: Patent domicile – Patent which are registered in India is only valid for India. It protects your invention in India only and does not apply to other countries. There is the possibility to protect your invention in other countries as well. For same, you need to apply for a separate application in each country.
Step 3: File Patent application – An application should be filed with the department before disclosing all the details about your invention.
Step 4: Patent Review – The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on similar idea. If they find the invention unique and patentable, then they grant patent for the application.
Step 5: Patent Grant – Once the patent is granted, the application status is updated online at the Patent site. It can take from 6 months to even 1.5 year for a patent certificate to be granted.
Frequently Asked Questions
If a patent is granted in India does it mean that it will protect my invention outside India as well?
A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.
If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.
for a patent.
1.Fill patent application form/apply for patent
3.patent a name
After done with patent procedure you can
simply get the patent of your idea.