What is Patent Filing?

A patent registration gives right granted to an inventor by the federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The patent system is designed to encourage inventions that are unique and useful to society. Congress was given the power to grant patents in the Constitution, and federal statutes and rules govern patents.

A Patent is a form of intellectual property that gives the holder exclusive over his inventions. This means that other individuals, firms or any other organizations cannot use, sell, import, export the particular invention for a limited period of years, under a public disclosure agreement of the particular invention. This is the most stringent form of protection that exists under the eyes of law. Through, Patents one can secure his inventions in the most efficient way.

In most of the countries Patents fall under the civil law. But one most note that getting a Patent is not an easy task because as it offers the highest level of protection thus it must have some unique qualities for it to be granted as a Patent.

These qualities include:

1. Novelty

Novelty or in the simple terms refers to the “anticipation”, i.e. the patent for which you are registering must not be already exist in the market. The lack of novelty or the absence of it is defined by the factors such as, prior publication of the patent’s knowledge, public knowledge of the patent, the pubic use of the patent, and also includes commercialized products and the selection inventions.

2. Usefulness

By, the usefulness of a patent we mean that, it must be something, a process, medicine, invention or any product which comes into the use of the general public or even the corporates in anyway possible. All the patents that have been files so far either have to be used in the industries or in the use of the general public

3. Non-obviousness

By the non-obviousness, we mean that the patent must be unique and shall not be something that is all know to the general public and by virtue of its nature all around present. It must represent something that has been created or discovered. In a nutshell, it must represent something unique.

The above three qualities are necessary for a Patent to get registered. Moreover, we also see that once the Patent has expired it is hard to get it renewed. It can only be renewed by an act of Parliament under very rare circumstances. Also, under very rare circumstances, the Patent might be extended for a few years.

Benefits of Patent Filing in India

Exclusive Rights

As mentioned earlier, registered patents provide exclusive rights which allow the inventor to exclude others from using the invention. Particularly for 20 years from the date of filing the patent application.

Strong Market Position

The established quality of your product and services are known by everyone through the trademark and which establishes trust and goodwill among the customers in market. It helps in creating permanent customers who are loyal and always opt for the same brand.

Higher Returns on investments

Having invested a considerable amount of time and money in developing the invention, under the umbrella of exclusive rights, the inventor could bring in the invention to the commercial market and thus obtain higher returns on the investment. Of course, this depends on the economic utility of the patent.

Positive Image for the Enterprise

Business partners, investors and shareholders may perceive the patent portfolios as a demonstration. Particularly the high level of expertise that is provided by the subject matter experts. This acts as a spectacle of the organization’s capability. Further, this may prove useful for raising funds, finding business partners.

Steps for Patent Filing

1. Patent Search Process
2. Patent Drafting Process
3. Online Patent Filing
4. Patent Publication
5. Patent Verification Request
6. Issuance of Verification Report
7. Issue of Patent Certificate

Patent certificate has a validity of 20 years from the date of patent filing

Document requried for Patent Filing

Patent application in Form-1.

Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.

Provisional specifications, if complete specifications are not available.

Complete specification in Form-2 within 12 months of filing of provisional specification.

Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.

Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.

Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.

Priority document must be filed in the following cases:
Convention Application (under Paris Convention).
PCT National Phase Application wherein requirements of Rule 17.1(a or b) of hasnot been fulfilled.
Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.

If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.

The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.

All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.

Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.