PATENT REGISTRATION. A patent is a set of rights given by the Government to an inventor or assignee for a limited period of time. It prevents the copying, using, making, selling of an invention. The invention needs to be publicly disclosed. Patents are a form of intellectual right.
To apply patent, the following needs to be satisfied:
- The invention must be an original one and not a continuation of a previous work.
- It must involve technical advancement
- The invention must come into use in any industry
- It should be able to be remade for use
- It can be manufactured as required
The advantages of patent registration
- Protects the research
- Judge market and negotiable price
- Study competitors
- Build brand value
- Understand the field and its value better
- Contribute to scientific inventions
Types of patent applications
- Provisional application: a temporary application when the invention is not complete in all aspects. It is done to claim a ‘priority date’. It is inexpensive to file and enables the inventor to check the market for its demand.
- Complete application: a completely specified and detailed application of the invention.
- Convention application: when a provisional application has already been filed and needs to be filed completely in a different country, it is called convention application.
- Patent Cooperation Treaty (PCT) – International application: it is an application which enables effect of patent in up to 138 countries.
- PCT- national application: the international application can be turned into Indian application under PCT if filed within 31 months from the international filing date.
Process for patent registration
- File application on Form-1 along with fees. It should specify whether it is provisional or complete application. The application must contain the following:
- Area of invention
- Application of invention in industry
- Description of invention
- How it works
- Advantages of invention
If necessary, add sketches and drawings. The more detailed and descriptive application gets more preference.
- A complete application needs to be applied within 12 months of the provisional application date.
- The unexamined application is published
- Apply for examination along with fees
- First Examination Report is issued, one has to respond to the FER
- The application is sent for grant
- The grant is published
Time for patent registration
Currently it takes 6-7 years for granting of patents. The government is trying it to reduce it by 2 and half years.
Cost of patent registration
Government fees: application fees: RS. 1600-1750 for individual, RS. 4000-9000 for entities
Publication fees: RS. 2500-3000 for individuals and RS. 6000-14000 for entities
Examination fees: RS. 4000-5000 for individuals and RS. 10000-22000 for entities
Fees of vendors vary from vendor to vendor.