Patent Registration

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Procedure for patent registration in India


Fill Patent Application Form

All you need to do is complete our simple form and provide your basic information which will be required while filing for patent registration to get a patent.

Conduct a Patent Search

After receiving all documents from your side, we will conduct a patentability search for you.

Prepare Application

On the basis of your basic information and documents, we will draft your patent application.

Patent Submission

After the final review, we will file the patent application with the Indian patent office.

Your Work is Completed

After submitting all the documents and patent applications, we will email you the acknowledgment regarding the same.

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Patent Registration


After the procedure of patent registration, one gets property right to an invention administered by an individual or a firm. In case it is unique, the government will concede you the full appropriate for your product. It awards you the full right of making, utilizing, selling, or bringing in the item or process and denies others from doing as such. According to the Patent Act, 1970 and Patent Rules 1972 patents are represented in India.

The lifetime of a patent is 20 years. This period is restricted in most cases, yet it could not be extended out by the act of congress and in rare cases, it could be extended out for a couple of years.

The patent could be for some things, be it process, art, a method to manufacture, particular apparatus, machine, computer software, chemicals or drugs, technical application. We, at LegalRaasta go about as patent specialist and assists organizations with enlisting themselves in Delhi NCR, Mumbai, Bengaluru, Chennai, and all other Indian urban communities

Documents needed to get Patent Registration in India


The following documents are required to get your patent registered:

Types of Patent Applications in India


The following documents are required to get your patent registered:

What is included in our Package


Prior Art Search
Application Drafting
Application Filing
Government Fees

Detailed Procedure


Patentability/Novelty search

This required step, in case you haven’t done so. Previously, we jump on the way to how to complete the patent registration process, you should know whether a patent is going to be available for it or not. For this, you need to go to www.legalraasta.com/patent-search . This necessary step, in the event that you haven’t done as such.


Drafting of Patent Application

  • After the patentability search, the innovator ought to set up an application in Form 1.
  • Then, you have to attach patent detail with every application. This is done in Form 2, where the complete or provisional specification is referenced relying upon the condition of development. In the event that it is a provisional specification, then a time period of 12 months is given for one to finish the invention and file the entire application.
  • At long last, you have to submit in your patent draft. Based on this draft, the patent office will decide whether the patent could be allowed or not.


Filing the patent application

Step 1: For an application for grant of patent use form 1.
Step 2: For provisional/complete determination use form 2.
Step 3: For explanation and undertaking under section 8 (utilized when patent application is already filed in country other than India), use form 3.
Step 4: For declaration as to inventorship, use form 5
Step 5: For start-ups and small entities, use form 28.


Patent filing

Ideation: At this progression, the designer is required to pen down the thought or idea and appropriately notice the key insights regarding the creation that should be protected.
Visualization: Create a visual description of your thought in the form of diagrams that clarify progressively about the innovation.


Publication of patent application

The application filed with the patent office will be distributed in the official patent diary. This is done within 18 months of the filing of the patent. The inventor can utilize form 9 for early publication. In the event that, there is some limitation set by the Indian Patent Act concerning the publishing of the patent, it will not be published in the journal


Examination

The examination process is done before the patent is allowed and the application for examination has to be made in form 18. This procedure should not be deferred, as it is first started first serve premise. After this application is filed, it is given to the patent official who verifies every condition as indicated by the patent rules and regulation. If there are any issues that need to be addressed then, it will be communicated.

On the off chance that there are any issues that should be tended to, at that point, it will be conveyed


Issuance of Examination report

After the exhaustive search is conducted, at that point the First Examination Report (FER) is filed in this case


Grant of Patent

After the Patent Officer recognizes the fulfillment of complaints raised, at that point the patent is alloweds

Cost Incurred?


We at LegalRaasta, charge the following for patent registration:

  •    Rs.19,999 onwards for a provisional patent
  •    Rs.35,999 onwards for permanent patent

Requirements of Getting a Patent in India


The following documents are required to get your patent registered:
  •    Patentable subject matter: According to the Patents Act, section 3 and 4 carries the list of non-patentable topic. Your creation should not fall under this list.
  •    Inventive or non-obviousness: The topic you wish to get patented should not be clear to specialists in the field. That is, it should be technologically advanced or economically gainful to be patented.
  •    Novelty: The invention should be new and creative. Thus, it should not be utilized in the public domain or somewhere around the world.
  •    Industrial applicability:Finally, this invention should be handy and usable in the industries or public domain.

Rules of Patent Registration


The following documents are required to get your patent registered:

Advantages of Patent Registration


The following documents are required to get your patent registered:

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Frequently Asked Questions


After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling, or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.

You can get your patent registration using our expert services. We, at LegalRaasta, ensure a smooth procedure of patent registration.

We at LegalRaasta, charge the following for patent registration: • Rs.19,999 onwards for a provisional patent • Rs.35,999 onwards for permanent patent

For this, you need to follow certain steps (detailed information on these steps is given above) and these are: • Patentability/Novelty research • Drafting of patent application • Filing the patent application • Patent filing • Publication of patent application • Examination • Issuance of the examination report • Grant of patent

The following documents are required to get your patent registered: • Patent application in form-1 • Proof of right to apply for a patent. This proof could either be attached at the end of the application or along with it. • If complete specifications are not available, then provisional specifications. • In the case of provisional specifications, then complete specification in form-2 within 12 months. • Statement and undertaking under section-8 in form-3 (if applicable). • If a patent application is filed by a patent agent, then power of authority in form-26. • If the application is for biological material, then the applicant is required to get permission from the National Biodiversity Authority, before the grant of the patent. • The source of geographical origin should also be included in the case of biological material used in the innovation. • All the applications must bear the signature of the applicant/authorized person/Patent attorney. • The last page of the complete/provisional specification must be signed by the applicant/agent. Including the sign at the right bottom corner of the drawing sheets.

The invention that can be patented could be: • Art, process, method or manner of manufacture • Machine, apparatus, or other articles • Substances produced by manufacturing • Computer software with technical application to industry or used with hardware • Product patent for food, chemicals, medicines, and drugs

20 years

Details of the invention in the form of CD or pen drive mentioning the name, comparison with other existing products, uses, and date of publication (if any). The information of the applicant should also be provided.

After the expiration of the patent, the patentee is supposed to disclose the invention in the patent document for anyone to practice.

In case an applicant meets all the specified statutory requirements, then the applicant is supposed to draft patent specification. This has to be filed with the patent office.

Every year many new inventions are patented. And even more, are rejected due to some copied reasons. Therefore, it is advised to patent search first, to save time and effort.

It becomes necessary to save time and effort required to register your patent. The expert services will help you to be more accurate while filing for patents.

It is advised that you should first complete the process of patent registration and then disclose the information to potential investors. In case it is unavoidable, then we recommend you should go for a Non-Disclosure Agreement (NDA) with your potential investor.

An applicant is required to submit a request for hearing 10 days before the expiry of the statutory period. In case of failure to do so, the controller may refuse his application without hearing the inventors take on the matter.

We have a pan India service of the patent application. And we have satisfied clients in the states of Mumbai, Delhi, Gurgaon, Noida, Bangalore, Chennai, Hyderabad, Ahmedabad, Kolkata, Surat, Pune, Jaipur, Lucknow, Kanpur, Nagpur, and other Indian cities.

To obtain a patent you have to first apply for a patent. • Fill patent application form/apply for a patent • Patent check • Patent a name • Documentation • Patent submission after done with the patent procedure you can simply get the patent of your idea.

No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.

For a software to be patented, it must fulfill the patentability criteria of being novel, non-obvious (inventive step), and industrial applicability. Also, it should not be falling under the category of non-patentable items, etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fees for a non-patentable invention.

Basis Patent Copyright
Applies to Inventions & Ideas Photographs, movies, music, software code
Applicants Inventors and designers Artists and creative professionals
Ownership without registration No Yes, but rights are limited
Validity 20 years Lifetime of the author, plus 60 years.

This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for, then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act. If you wish to protect just the logo and designs used, the trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.

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