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Patent Registration

Patents play a crucial role in safeguarding the intellectual property rights of innovative ideas, whether they are products, services, or processes. In India, patent registration is governed by the Indian Patent Act of 1970, ensuring that your rights are legally protected.

At TaxHint Advisors, we recognize the complexities of the Indian patent landscape. Our team of experts is dedicated to guiding you through each step of the patent registration process, ensuring that your invention receives the protection it rightfully deserves. Ready to secure your innovation? Let TaxHint Advisors streamline the patent registration process for you.

What is a Patent?

A patent is a legal certificate that grants inventors exclusive rights to their creations, preventing others from manufacturing, using, or selling the invention without permission. Patenting your innovation is vital for protecting unique concepts from unauthorized use and securing your intellectual property rights.

Patent Registration Process in India

Patent filing is a formal procedure that provides inventors with exclusive rights to their inventions, whether they are products, services, or technologies. Patent registration in India ensures that your invention remains under your sole control, preventing unauthorized individuals or entities from exploiting it.

What Can Be Patented in India?

In India, a wide variety of innovations are eligible for patent protection. These include:

  • Products: Tangible items such as machinery, gadgets, chemicals, drugs, and fabricated goods.
  • Processes or Methods: Innovative methods or processes that present a novel way of accomplishing a task or producing an item, including manufacturing techniques and industrial processes.
  • Machines: Unique mechanical inventions that feature novel mechanisms or parts.
  • Manufactured Goods: Articles produced using a distinctive method or having unique attributes.
  • Chemical Formulations: Novel chemical substances, including medicinal drugs.
  • Biotechnological Innovations: Advances in biotechnology, such as genetic modifications or gene mapping.
  • Software and Digital Innovations: Software and computer-related inventions exhibiting originality may also be eligible for patent protection.

What Cannot Be Patented in India?

The Indian Patent Act of 1970 outlines specific exclusions from patent eligibility, including:

  • Inventions that contravene natural laws.
  • Innovations harmful to human, animal, or plant life, or the environment.
  • Basic scientific principles or theoretical concepts.
  • Discoveries of naturally occurring substances, whether living or non-living.
  • Simple combinations that yield predictable outcomes.
  • Minor modifications of known devices or methods.
  • Items prohibited under the Patents (Amendment) Act, 2002.
  • Agricultural or horticultural methods.
  • Medical or therapeutic procedures for human or animal treatment.
  • Inventions related to plants, animals, and basic game methods.

Always consult with a patent expert to understand whether your specific invention qualifies for protection.

Why is Patent Registration Essential?

Patent registration is critical for various reasons:

  • Legal Protection: It offers strong legal protection, enabling patent holders to pursue legal action in case of infringement.
  • Transferable Rights: Registered patents can be sold or licensed, providing opportunities for revenue generation.
  • Long-Term Exclusivity: A patent provides exclusive rights for up to 20 years, ensuring long-term protection.
  • Competitive Advantage: A registered patent helps businesses maintain an edge over competitors by preventing unauthorized use of innovative technology.
  • Intellectual Property Asset: A patent is a valuable intellectual property asset, which can be marketed, transferred, or used in business negotiations.

Eligibility for Patent Filing in India

To qualify for patent protection in India, an invention must meet the following criteria:

  • Novelty: The invention must be unique and have never been disclosed or published before the patent application date.
  • Inventive Step: The invention must offer something non-obvious to someone skilled in the relevant field.
  • Industrial Applicability: The invention must have practical utility and be capable of industrial application.

Consult with a patent expert to ensure that your invention meets all the requirements for patent eligibility.

Patent Validity in India

Once granted, a patent remains valid for 20 years from the date of filing the application. After this period, the patent expires, and the invention becomes public domain.

Documents Required for Patent Registration in India

The following documents are required for filing a patent application in India:

  1. Patent Registration Application: Form-1.
  2. Complete Specifications: Form-2 (provisional or complete specification).
  3. Statement and Undertaking: Form-3.
  4. Inventor’s Declaration: Form-5.
  5. Proof of Right: Documentation confirming the applicant’s right to file the patent.
  6. Power of Authority: If represented by a patent agent, Form-26 must be submitted.
  7. Priority Documents: For convention applications, priority documents must be submitted within 18 months of the priority date.
  8. Biodiversity Permission: If the application involves biological material sourced from India, permission from the National Biodiversity Authority is required.

Steps for Patent Registration in India

The process for patent registration in India involves several key steps:

  1. Patent Search: Begin by conducting a thorough patent search to assess your invention’s novelty. A preliminary search helps to identify any similar existing patents and gauge your invention’s eligibility.

  2. Drafting Patent Specification: Prepare a detailed patent specification that outlines the invention, its practical applications, and implementation method.

  3. Filing the Patent Application: Submit the completed patent application, along with the required specifications and fees.

  4. Public Scrutiny: The patent application is published in the official gazette for public opposition, providing a chance for third parties to raise objections.

  5. Patent Examination: The application undergoes examination after an explicit request is made. The patent examiner evaluates the application and issues a report, to which the applicant must respond within a set period.

  6. Grant of Patent: If the examiner is satisfied with the response, the patent is granted, and you receive legal protection for your invention.

Where to File a Patent Application

Patent applications are filed at one of the four regional patent offices in India:

  • Mumbai: Jurisdiction includes Gujarat, Maharashtra, Madhya Pradesh, Goa, and others.
  • Delhi: Jurisdiction includes Haryana, Punjab, Rajasthan, Uttar Pradesh, and others.
  • Chennai: Jurisdiction includes Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, and others.
  • Kolkata: Jurisdiction includes Bihar, West Bengal, Assam, Odisha, and others.

Patent Renewal and Restoration

Patent renewal is crucial to maintain protection. It must be done annually by paying the required fees. If a patent expires due to non-renewal, you can apply for restoration within 18 months from the expiry date.

Get Patent Registration with TaxHint Advisors

TaxHint Advisors is your trusted partner for patent registration in India. Our team of professionals simplifies the process, ensuring your application is robust, compliant, and cost-effective. Whether you’re an inventor or a business seeking to protect your intellectual property, we offer expert guidance every step of the way. Let TaxHint Advisors help transform your ideas into legally protected assets.

Trademark vs Copyright vs Patent - Comparison

Aspect Trademark Patent Copyright
What’s Protected Any word, phrase, symbol, or design that recognizes and differentiates the source of one party's goods from those of another. Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for Protection A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. A fresh, valuable, and unusual invention is required. A work must be unique, original, and created in a tangible manner.
Term of Protection As long as the mark is used in commerce. 20 years Author’s lifespan + 70 years.
Rights Granted Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. Right to restrict others from manufacturing, selling, or importing the patented invention. Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Frequently Asked Questions

1. What Are the Eligibility Criteria for Patent Registration?

To be eligible for patent registration in India, your invention must meet three essential criteria: 1.Novelty: It must be a new invention that hasn’t been disclosed or patented before. 2. Inventive Step: The invention should be non-obvious and should not be easily deduced by someone with expertise in the field. 3.Industrial Applicability: The invention must have a practical use in industry, agriculture, or commerce.

2. What is the Cost of Patent Registration in India?

The cost of patent registration in India varies based on factors such as the type of applicant (individual, startup, company) and the complexity of the patent. The basic filing fee for an individual is approximately INR 1,600, while for a company, it can go up to INR 8,000. Additional fees apply for the examination and other services.

3. Can I License or Sell My Patent?

Yes, once you have a granted patent, you have the right to license or sell your patent to others. Licensing allows you to earn royalties while still owning the patent. Selling the patent involves transferring the full ownership rights to another party.

4. How Can TaxHint Advisors Help with Patent Registration?

TaxHint Advisors is a leading provider of expert consultancy services in patent registration. Our team of professionals assists inventors and businesses through every step of the patent application process, from conducting a thorough patent search to filing and managing the registration. We ensure your invention receives the protection it deserves.