New ideas, methods, or scientific discoveries are protected by patents; brands, the logos registration, and slogans are protected by registering your trademarks; and original works of literature are protected by copyrights.
In India, patents rank among the most widely used and important forms of intellectual property protection. These are employed in a variety of sectors to safeguard recently developed products. Inventors must, however, go through an online Patent Search process as the first step in the Patent Registration process in order to properly enforce the protection. A specific invention’s patentability is assessed using Patent Search in accordance with the guidelines stipulated by the Indian Acts of Patent in 1970.
It is crucial to carry out patent searches in India because it helps companies and investors evaluate the originality of their ideas and locate previous patents. A comprehensive patent search assists in assessing the likelihood that a patent application will be accepted by locating related patents or published applications. In addition to saving time and money, this reduces the possibility of violating already-filed patents, opening the door for stronger patent applications and, eventually, the protection of the inventor’s priceless intellectual property rights.
Companies are fighting more and more for consumers’ attention since a brand’s identity and distinctiveness are invaluable. It is the first line of defense for your company against abuse or duplication. A few benefits of registering your trademark are increased brand recognition and legal protection. To help you easily manage the trademark registration procedure, we provide comprehensive guidance and support for these.
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In India, a patent search is a methodical and thorough research carried out to find published patent applications, current patents, and other publicly accessible technical materials that are pertinent to a certain innovation. Before submitting a patent application, this search is meant to ascertain the invention’s novelty and obtain a patent. Finding previous art, or any technology or knowledge that may have an impact on an invention’s possibility of patentability is the goal of an Indian patent search. The search results aid in the understanding of the current state of prior art and assist companies and inventors in making well-informed judgments about pursuing patent protection.
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To investigate many facets of an invention’s patentability and legal status, searches for Indian patents are done. It is possible to conduct several kinds of patent searches, depending on the goal of the search. The main categories of frequently performed patent searches in India are shown below:
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According to section 84 of a Indian Patent Act, which is 1970, any interested party or patent license holder may apply to the Controllers for the granting of a compulsory license for the following reasons three years after the patent is granted:
The Indian government will, under certain conditions, award a candidate or a third party a compulsory license to manufacture, use, and market an invention with a patent without the patentee’s consent. The grounds have already been discussed. The main goal behind adopting the provision of mandatory licensing was to:
There are a few easy steps in the patent application process. Prior to filing, you must choose which application to submit. Next, go to the IP India website to start the application procedure. Recall that your application’s documents were the most important component and will determine its outcome.
Choose the Application for Patent: You can start the Indian patent filing process if you’re sure your product satisfies all the standards for patent registration. Selecting the application type to submit to start the patent application process is the first step. You are presented with two possibilities.
After determining which application to submit, you can go to the following step of the Indian patent filing process, which is the Patent Search. A patent search is done to see if any related inventions have already been patented or are in the general public domain. This is to guarantee that the product that is being applied for patent registration is completely new and not available to the general public. You are ready to go to the next stage if the results of your search are clear.
Form-1 must be filed and submitted along with the specification of Patent on Form-2 as part of the patent application process. At this point, you might need further documents, which we will talk about later. Recall that you have a year to replace a provisional application with a complete one if you have already filed one.
The process of preparing a patent specifications, a comprehensive document including details on the invented product, is the next stage in the filing procedure for a patent. It is submitted with an application to guarantee complete information disclosure to the patent registrar. Legal Raasta experienced legal professionals / trademark attorneys assist you in creating precise and thorough patent requirements. Raise your query if you are required to know more!
The next step is for the application to be published in the Patents Journal. It is completed eighteen months following the application date and marks the first instance in which the invention enters the public domain.
The request is made for a patent examination within 48 months following filing. An examiner is tasked with reviewing the application’s details and objecting to any inconsistencies discovered. Should objections be made, the applicant has a year to respond. To resolve objections, show-cause hearings may be held if the responses are deemed insufficient.
The Registrar won’t think about awarding the inventor patent rights for twenty years from the date of application until all objections have been resolved.