Patent Registration at a Glance

A Patent is an exclusive set of rights granted by the Authority to the Applicant of an invention for a period of 20 years under the Patent Act in India.

Patent is a legal document, which gives an inventor the exclusive right to make, use, and sell an invention for a specified number of years.

What is patentable?

To qualify for a patent, the invention must meet three basic tests.

First, it must be novel, meaning that the invention did not previously exist.
Second, the invention must be non-obvious, which means that the invention must be a significant improvement to existing technology. Simple changes to previously known devices do not comprise a patentable invention.
Finally, the proposed invention must be useful. Legal experts commonly interpret this to mean that no patent will be granted for inventions that can only be used for an illegal or immoral purpose.

Protects Invention, Ideas and Concept

Patent Is an intellectual property which protects your invention and prevents other to use it without your prior permission. Ideas and Concept also eligible.

Right Preference for first applicant

Exclusive Access

You got exclusive right for 20 years. Therefore the patent holder retains an absolute monopoly on product or process for the period of patent.

Earn Royalty

Patent rights can be licensed to other companies to receive royalty payments

Sell or Transfer against Consideration

Helps in Building business

Intangible Asset

Documents Requirement for Patent Registration in India

ID Proof of Applicant ( Passport/Aadhar/Voter ID) & Nationality

Title of the Invention

Description of the Invention

Other documents - Drawing, Form 1/2/3/5/8/9/19/20, Power of Attorney, Declaration ( Case to case varies and/or Required as per demand by Controller)

Disclosure of Invention to Professional/Agent

This is first step to start processing your Patent registration. Need to hire a Professional ( or Patent Agent) by signing NDC (Non Disclosure Agreement ).
Here you need to disclose your Details of your Invention, Description diagrams and experimental result, without hiding anything.

Novelty Search (or Patentability Search)

Decision to file Patent application

Based on Novelty Search Report of Professional OR At your own option you decide to go for Patent Application Filing with Authority and Hire a Professional ( or agent) to avoid any mistakes.
# IF at Early Stage of R & D, Ideas and Concept stage – Opt ‘Provisional Patent Application’.
# For Completed Innovation ( or Project) – Go for ‘Complete Patent Application’ . Here again have option to Opt Ordinary Application ( tame taking process ) or Priority Application ( with extra Govt. Fee saves processing time)

Drafting Application

Next job is Drafting of patent application. It is specialised job and requires both technical (field of invention) and legal (Indian patent act) understanding.
A patent is a techno-legal document Writing patent application as a technical document without considering legal aspect may be a mistake which can make your application not worth a lot. And all the efforts you took for research and development can go waste.
Hence, right Patent professional (or agent) with appropriate experience can remarkably add value to patent application.

Filing of Application

Request for Examination

Respond to objections

Grant of Patent

What types of inventions are not patentable in India?

An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:
An invention which is frivolous or which claims anything obviously contrary to well established natural laws;
An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment;
The mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature; The mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant; Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regards to efficacy.
Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they differ significantly in properties with regards to efficacy.
A substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;
The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;
A method of agriculture or horticulture;
Any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;
Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;
A mathematical or business method or a computer program per se or algorithms;
A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;
A mere scheme or rule or method of performing mental act or method of playing game;
A presentation of information;
Topography of integrated circuits;
An invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components;
Inventions relating to atomic energy;

Novelty Search

Professional's Novelty Search Report

Provisional Patent Application

For Individual Applicant ( Filing at Idea, Concept and R&D Stage) ( Otherthan Non Biological/Chemical Invention)

Provisional Patent Application

For Entity Applicant. ( Filing at Idea, Concept and R&D Stage) ( Otherthan Non Biological/Chemical Invention)

Consultation

Our Patent Professional give on call consultation to client first to make him clear about the process of registration with Authority, understand his/her project and documents requirement and pricing.

Novelty Search