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In India, patents are initially granted for a period of 20 years from the date of filing. To keep a patent in force beyond the initial term, patentees must renew their patents by paying the prescribed renewal fees to the Indian Patent Office (IPO). The renewal fees increase progressively with each renewal term
In India, patents are initially granted for a period of 20 years from the date of filing. To keep a patent in force beyond the initial term, patentees must renew their patents by paying the prescribed renewal fees to the Indian Patent Office (IPO). The renewal fees increase progressively with each renewal term
A patent, as outlined in the Patents Act of 1970 under section 2(m), signifies the legal protection granted for any invention. This protection, falling under intellectual property rights, extends to newly created products, services, and processes. In contemporary terms, a patent is commonly understood as the entitlement given to an inventor for their creation of a novel, practical, and non-obvious process, machine, manufactured item, or composition of matter.
An application for a patent for an invention may be made by any of the following
persons, that is to say, —
(a) True & First inventor of the Invention
(b) Assignee of the person claiming to be the true & first inventor
(c) legal representative of any deceased person who immediately before his death was entitled to make Patent application.
Eligibility of a Patent
A patent should meet all the criteria as per Indian Patent Act:
Types of Patent Application:
Patent Search – Inventor must verify that his/her invention idea is unique in order to file a successful patent application. A patent search will confirm this, and the client will be able to avoid time-consuming procedures.
Drafting Patent Specification – Following comprehensive global searches, the invention’s specification is crafted using a techno-legal language, with or without the inventor’s claims. If absent, it’s termed provisional specification; if present, it’s the complete specification. This document delineates the invention’s field, offers a detailed description with practical examples, and provides the optimal method for utilization. The goal is to make it easily understandable for someone skilled in the relevant field. Legal safeguarding for the patent is conferred when the specification is formulated with the inventor’s claim and is considered complete.
Patent Application Filing – After preparing the application, the next step is to submit the patent application in India to secure the filing date. In the case of a provisional application, the complete specification must be filed within twelve months from the initial application filing date. Failure to submit the complete specification within this timeframe results in the application being considered abandoned.
Publication of the application – After the conclusion of the patent application procedure, the patent is published in an official journal and is accessible for public scrutiny 18 months from the filing date or priority date, whichever comes first. This allows the general public to raise objections to the patent on legitimate grounds.
Patent Examination – The examination of a patent application occurs upon the submission of a request for examination. This request must be filed within 48 months from either the patent filing date or the priority date. A patent examiner reviews the application and issues an examination report, outlining various objections. The applicant is required to respond to the examination report within 6 months of its issuance. If necessary, the examiner may summon the applicant or their representative for a show cause hearing to solve the raised objections.
Grant of Patent – The grant order is issued when the patent application fulfills all the requirements of the Patent Act, and this decision is then published in the Patent Journal.
Renewal – Once a patent is granted, it must be renewed starting from the third year by paying the specified renewal fee outlined in Schedule 1. In India, a patent can be renewed for a maximum period of 20 years from the date of filing.
| Design | Patent | |
| What’s protected | Only shape, pattern, ornament, the composition of lines, colour, or any other aesthetic aspect of a product or article that can be seen and judged by the eyes. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. |
| Requirements for protection | A new and original shape is required. | A novel and inventive invention is required. |
| Term of protection | 10 years, further extended for 5 years | 20 years |
What does a patent do?
An individual or firm obtains the intellectual property right of an invention, the patent right grants full rights over making, using, selling, or importing the products and services and also restricts others from doing so.
How to obtain Patent registration?
Following steps need to be followed to obtain patent registration. Patentability/ Novelty research, Drafting the patent application, Patent application filing, Patent application publication, Examination, Examination report issuance, Granting the patent.
Who can get patent registration?
The following can obtain patent registration: Art, process, method, or manner of the manufacture Machine, apparatus Any products produced by manufacturing Computer software with technical application and even product patent for food, chemicals, medicines or drugs.
For how long is the patent registration valid?
Patent registration is valid for 20 years.
Why Leegtech for patent registration?
Expert help saves the time and effort that is required for registering a patent. Expert advice will help in obtaining a patent registration quickly.
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