Filing of Patent

FILING OF PATENT

Author: Ayushi Ranade, HPNLU

What is a patent?

A patent could be an instrument that’s granted by the govt. of the state or the country, reckoning on the national rules. It offers a creator of a selected issue, the prerequisite to form, use, and sell his or her creation for an amount of your time. The basic plan of this method is to encourage inventors to safeguard their creations. Books, movies, and a few artworks cannot be proprietary. However, one will shield these assets beneath the law of copyright. The law of patent is one branch of the larger legal field called belongings that conjointly includes trademark and copyright law.

In India official website for the same is ipindiaaonline. gov. in

What inventions are patentable?

For any plus or an invention to qualify for a patent, it should meet three basic requirements: It should be novel and one among its kind. This implies that the actual invention should be new and there must be any existential trace of it should be distinctive in itself. AN improvement within the current technology by a person cannot be proprietary It should be helpful. It ought to add price to the lifetime of the human and it should not profit or support the employment of miser things or should not be used for any immoral purpose Some forms of inventions (or discoveries) like Isaac Newton’s law of gravity or prince consort Einstein’s formula for relativity theory don’t qualify to for this. Simply put, nobody will acquire a patent on a law of nature or any scientific principle.

What inventions are non-patentable?

Non-patentable inventions are enumerated under Section 3 and 4 of the Patent Act . Such inventions are delineated below:

  • Any Invention which is frivolous or which claims anything obviously contrary to well established natural laws is not patentable.
  • Inventions that are contrary to public order or morality is not patentable.
  • An idea or discovery cannot be a subject matter of a patent application.
  • Inventions about known substances and known processes are not patentable i.e. mere discovery of a new form of a known substance that does not enhance the known efficacy of that substance is not patentable.
  • An invention obtained through a mere admixture or arrangement is not patentable.
  • A method of agriculture or horticulture cannot be the subject matter of the patent.
  • A process involving the medical treatment of humans and animals or to increase their economic value cannot be the subject matter of a patent.
  • Plants and animals in whole or in part are not patentable.
  • A mathematical or business method or a computer program per se or algorithms is excluded from patent protection.
  • Matters that are the subject matter of copyright protection like literary, dramatic, musical, or artistic work is not patentable.
  • Any scheme or rule.
  • Presentation of information
  • The topography of integrated circuits.
  • Traditional knowledge.
  • Inventions relating to atomic energy.

How to get a patent in India?

The Patents Act is that the centrosome addressing the filing and regulation of an existing and new patent. This Act suggests that the creator, his recipient or one among his legal representatives (in case the creator is deceased) will apply for one within the head workplace of Indian or the branches of the office, reckoning on the jurisdiction of the human. In case the human isn’t Indian subject, he or she should file the appliance in their various jurisdictions (where the address for service of the human is located). As per section 67 the Indian Patent Act :

Register of patents and particulars to be entered therein.

  • There shall be kept at the patent office a register of patents, wherein shall be entered—
    • the names and addresses of grantees of patents;
    • notifications of assignments, extension, and revocations of patents; and
    • particulars of such other matters affecting the validity or proprietorship of patents as may be prescribed.

(2)  No notice of any trust, whether express, implied or constructive, shall be entered in the register, and the Controller shall not be affected by any such notice.

  • Subject to the superintendence and directions of the Central Government, the register shall be kept under the control and management of the Controller.
  • Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patents or any part thereof in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed.
  • Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), a copy of, or extracts from, the register of patents, certified to be a true copy under the hand of the Controller or any officer duly authorized by the Controller in this behalf shall, in all legal proceedings, be admissible in evidence.
  • In the event, the register is kept wholly or partly in computer floppies, diskettes or any other electronic form,—
    • reference in this Act to an entry in the register shall be deemed to include a reference to a record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register;
    • references in this Act to particulars being registered or entered in the register shall be deemed to include references to the keeping of a record of those particulars comprising the register or part of the register in computer floppies, diskettes or any other electronic form; and
    • references in this Act to the rectification of the register are to be read as including references to the rectification of the record of particulars kept in computer floppies, diskettes or any other electronic form and comprising the register or part of the register.

Steps for application of patent

Step 01: Invention revelation the first step is to disclose your invention to the skilled. This is often done by linguistic communication a non-disclosure agreement.

Step 02: Patentability search usually, knowledgeable charges a fee (approx. authority ten thousand to authority twenty thousand at this step. At this stage, your skilled perform intensive analysis for previous proof all told the attainable databases. Further, he or she builds a patentability search report that supported your invention.

Step 03: call to apply for a patent this is wherever the particular method begins. Once elaborated analysis concerning (any) existing history of your invention, you’ll decide if you would like to travel ahead with the application filing. Please note: Your invention should have AN ‘inventive step’ as compared with existing previous art items to qualify for a patent. It should have either ‘technical advanced’ or ‘economically significant’ or each, over any existing piece of arts. The step wherever you choose to travel ahead with the filing method by writing an application is named patent drafting.

Step 04: Patent drafting you can opt to draft the appliance on your own or take a professional’s facilitate to try and do this. If you decide to require to facilitate, you would possibly get to pay somewhere around to authority.

Step 05: Filing the application a review of your patent draft and are glad about the scope and details, you’re able to file for a patent. You can file the application in an exceedingly prescribed manner with applicable forms with fees. You wish to pay fees of authority one, 600 or 4,000 or 8,000 (based on the kind of application) whereas applying within the agency. If you are doing not file a call for participation for early publication, the applications are printed on the expiration of eighteen months.

Step 06: Request for the examination this is the step wherever the human is needed to request the Indian agency to look at your application, inside forty-eight hours. Request for examination fees ranges from kind of applicant.

Step 07: Responding to objections (if any) the draft and also the report submitted to the officers within the agency are examined at this step. At this step, there’s an opportunity for the creator to speak his novelty or ingenious step over the other piece of art found throughout the assessment. If all the items are well processed and resolved, the application is nearly able to return to action.

Step 08: Grant of patent If the appliance meets all the prescribed needs, it’s placed so as for the grant. Usually, the ultimate grant of the appliance is notified through a journal that’s printed

Step 09: Renewal of your patent Usually, a patent is in effect for twenty years. On completion of twenty years, the owner is needed to renew the patent by paying a little fee. Benefits of obtaining a patent Prevent larceny of your invention The freedom of exclusivity Easy to create a merchandise and commercialize Higher market share since your plan becomes a complete More cost and better profit margins although the complete method of filing a patent is long and sophisticated, one should keep in mind the importance it’s. With digital advancements, probably, the method would possibly get simplified and straightforward. Having a patent ensures that no individual will claim rights over your invention.

Patent Office Branches and States

OFFICESTATES
    Patent Office Branch   MumbaiThe States of Maharashtra, Gujrat Madhya Pradesh and Goa, Daman & Diu & Dadar & Nagar Havel.
    Patent Office Branch,   ChennaiThe States of Andhra Pradesh, Kerala Tamil Nadu, Mysore and Pondicherry, Laccadive, Minicoy and Aminidivi Islands.
    Patent Office Branch,   New DelhiStates of Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan and Uttar Pradesh, Chandigarh and Delhi
    Patent Office (Head),   Kolkata    West Bengal and other rest part of India.

CONCLUSION

Patents are like a security that is granted to an individual for protection of his or her based on their skills, the only requirement for the same is that the work should be an outcome of individuals on skills, knowledge.

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