#PatentRegistration provides a statutory right to the inventor by the government for his/her invention which is either a new process or product. The Registered patent helps the inventor to prevent the third party without authorization of making or manufacturing, using, offering for sale, selling, importing, distributing, and licensing.
What is Patentable Subject Matter?
The below-mentioned list will help you in determining that the invention is patentable or not, which are as follows:-
• Novelty
• Inventiveness
• Inventive Steps
• Utility Application
• Must not fall under Section 3 and Section 4.
What are the Benefits of Patent Registration?
• Grants Right To Inventor
• Good Market Reputation
• Enhances Business Interest
• Public Disclosure
• Provides Legal Status
• Fund Raising
• Enhances Credibility
• Privileges For Return On Investment
• Advantageous In Longer Run
• Prohibits Usage Of Registered Inventions
• Exclusive Access From Early Filing
• Liberty To Make Changes
What Documents are Required for Patent Registration?
For #Patent registration, the below-mentioned forms and documents are required-
1. For FORM-1 (Application For Grant Of Patent)
• Identity Proof of the Inventor and Assignee
• Address Proof of the Inventor and Assignee.
• Contact Details
• Information corresponding to prior patent applications relating to the current invention, which you or any authorized entity has filed
• Some declarations, among other information.
2. For Form-2 (Provisional/Complete Specification)
• Form 2 is used to furnish your patent specification. It may be provisional or a complete patent specification depending on the type of patent application you are filing.
3. For FORM-3 (Statement And Undertaking Under Section 8)
• Particulars of Assignments
• Details of Foreign filing.
4. Form 5: Declaration As To Inventorship
• This application is used to declare the inventors of the current patent application
5. For Technical Information
• Background of the Invention
• Disclosure of need of invention
• Summary of the Invention
• Description of how the Invention works.
6. For Form-18 Request for Examination.
7. For Form-19 Request for Early Publication.
8. Form 26 Disclosure of Power of Authority (If assigned to the Patent Agent)
9. Request For Publication: This is optional (form 9) if the express publication is required.
10. Other Details
What is the Procedure for Patent Registration?
The process of Patent registration involves various steps, which are as follows in brief:-
Step-1- Engaging A Professional
Step-2-Patentability Search
Step-3-Drafting The Patent Application
Step-4-Patent Filing Application
Step-5-Publication Of Application
Step-6-Examination Of The Application
Step-7-Objection By The Examiner
Step-8- Office Action Response
Step-9-Grant Of Patent Registration
New Indian Patent Rules Offer Benefits to Startups and Small Entities
India's latest chains of amendments to its Patent Rules are expected to hugely benefit startups & small entities requesting patent protection for their inventions. With these amendments, overall filing and registration fees for startups & small entities have been considerably reduced. While the fees applicable for small entities have been concentrated outright, startups can retain their “startup” position for up to ten years, thus permiting them the benefit of favorable fees, etc. for an absolute extended period from what was earlier available.
Amendments On 19 October 2020
The Patents (Amendment) Rules, 2020 simplified the procedure concerning to the submission of priority applications and their translations, as well as the filing of working statements (Form 27). These amendments will trim down both compliance and prosecution expenses for applicants.
Amendments On 04 November 2020
The Patents (Second Amendment) Rules, 2020 has also further reduce the filing & prosecution costs for applicants that are startups as well as small entities. These amendments shall cumulatively make IP protection affordable as well as available to various classes of business, and will likely also improve patent filings.
Fees For Small Entities
The Patent Rules, 2003 beforehand allowed a 50% decline in the fees payable by a small entity, measured up to that payable by other entities. However, now, the fee payable by a small entity is reduced to 20% of that payable by other entities.
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