How to submit your Patent Application?

What is a Patent?

• Monopoly
• Granted by govt. authority
• A limited exclusive privilege that the law allows a patentee in his own invention.
• A helpful tool that works towards the development of the nation.
• Confers the right or title for a set period, especially the sole right to exclude others from using, making or selling an invention without the permission of an individual possessing it.

History of Patent can be summarized as: –

• The Patent Law of 1856.
• The Patent and Designs Act,1911.
• The Patent Act,1970& Rules 1972.
• The Patent amendment act 2005.

Well, nothing in this world exists without providing any usage or utility to its customers. Same here is the case with Patents as:-

So now we will be taking the very purpose of issuing Patents or sole rights to a company-

• They provide a library of organized technical Information that others may learn from and improve upon.
• Besides, it also encourages the publication of new scientific and engineering research which can be used to create, inspire, educate and inform others to make improvements in processes or new research.

Required Details for Patent Filing in India: –

• Complete Patent registration including patent claims covering all forms that are Patent Form-1,2,3 and 5.
• Patent Drawings.
• Priority Documents.
• Patent Abstract.
• International Search Report.
• International Preliminary Exam Report.
• WIPO Patent Publication.
• Power of Attorney.

Afterwards,

The Patent Application form can be filed by submitting a few patent forms namely:-

• Form-1,2,3,5.

Currently, Patent Forms in India can be submitted online as well as offline.

Two cases come to this section: –

Case 1: –

Patent App. is commonly known as the Patent specification which has to be submitted in accordance with the patentee’s location before Delhi, Kolkata, Mumbai & Chennai only depending upon the jurisdiction in the case of National Phase Applications(NPAs).

Case 2: –  

In this case, the jurisdiction of filing will be the office address of the patent attorney.

Following are the Patent App. Forms that must be looked upon: –

Form -1….

It is the Application for grant of Patent.

Form-2….

It is for Provisional/Complete Specification.

Form -3…

It is for Statement and undertaking Under sec-8.

Form -5…

It is for declaration as to Inventorship.

Form -9…

Request for Publication.

Form -18…

Request for Examination of App. for Patent.

Furthermore, The Request for Examination must be filed within 48 months of the priority date of the patent app. or the patent specification filed before the Indian Patent Office will be treated abandoned.

The Patent office in India grants patent protection to inventions which fulfill the conditions of novelty, the non obviousness of and industrial applicability.

Also, it is stated in our Premier Law that it provides intellectual property right services including Patent filing services in India, Trademark and Brand protection, design filing and protection and copyright protection services to global clients in India.

Conclusion: –

Following are the benefits that an individual or a company enjoys after owning their patent of their own concept/invention: –

• Monopoly Pricing-

Increase profit margins through the right to exclusivity.

• Extra Income

Earn royalty through licensing activities.

• Access to Technology-

Can gain access to other technologies through Cross-license of patents.

• Business Asset-

Can be used to secure funding or obtain desired market valuations.

• Marketing Tool-

Eliminates competition.

Demonstrates expertise in a particular field.