Patent Registration

With the help of a patent, the owner can stop others from making, utilising, importing, or commercialising their invention without their consent. A thorough Indian Patent Search investigation is done to ensure that the developed system or process is original before granting a patent. To do Indian Patent Search, the patent authority of the country's whole database must be searched for a specific project that is identical to the applicant's discovery.

A patentability search entails looking through the patent database to find patent applications that are identical to or comparable to the invention being patented. To increase one's chances of receiving a patent registration or to find out about patentable innovations, one might perform a patent search.

Indian Patent Register - How To Do It?

If you have invented something new or have improved an existing invention, consider registering your patent in India. The Indian Patents Act allows for the grant of a patent for any new invention involving an inventive step capable of industrial application. For Indian Patent Register, you must file a patent application with the Indian Patent Office.

The application must include a description of the invention and claims defining the scope of protection sought. You will also need to pay the prescribed fees. Once your Indian Patent Register application has been filed, it will be examined to ensure that it meets the required criteria. If it does, your patent will be granted and published in the Indian Patent Gazette. Your patent will then remain in force for 20 years from the date of filing your application.

What Are the Steps Involved in Registering a Patent in India?

If you have invented something new or have improved an existing invention, consider registering your patent in India.

The Indian Patents Act allows for the grant of a patent for any new invention involving an inventive step capable of industrial application.

For Indian Patent Register , you must file a patent application with the Indian Patent Office.

The application must include a description of the invention and claims defining the scope of protection sought. You will also need to pay the prescribed fees.

Once your Indian Patent Register application has been filed, it will be examined to ensure it meets the required criteria.

If it does, your patent will be granted and published in the Indian Patent Gazette. Your patent will then remain in force for 20 years from the date of filing your application.

Documents Required for Patent Registration in India

For patent filing in India, the following documents are mandatory

    • Detailed specifications (in English)
    • Diagrammatic representation of your inventions
    • Names, addresses, and nationalities of the inventor
    • Applicants' names, addresses, and nationalities
    • If the application is filed with the help of a patent attorney, then the legal authority should be submitted
    • The signature of the inventor has to be present on all the assignment dates and application form
    • Along with this data, all the information regarding similar applications filed in different countries has to be provided
    • The priority application is to be verified in English (required for convention applications)
    • And a verified PCT application in English should be submitted. A patent agent can also conduct the verification on behalf of the applicant
    • Any form of priority application should be provided at the controller's request. This is technically followed for convention applications, but in some cases, it is also used for national application
    • List of sequences in computer-readable text format (if any) (There is no need to submit a print form)
    • If the patent involves any form of biological material, it should provide return permission from the national biodiversity authority.

Pros of Patent Registration in India

Patent filing in India provides significant advantages.

  • The patent is a form of incentive to provide exclusive rights to the inventor. When applicants receive a patent, they enjoy complete rights over their invention. This protects the invention from being copied or used illegally without the inventor's permission
  • The registered patent can be used as intellectual property by the inventor. The inventor has the right to transfer the patent or sell it as per their will. The patent holder can effectively protect their rights
  • Patents being a form of intellectual property, can be sold, brought and leased out as per the holders will
  • The patent holder can also transfer it in the form of an asset or property to another person
  • A patent-protected commodity improves a particular perception from the masses and propels the business. Having a patent provides rights for the company to charge a premium amount for their commodity
  • The holder gains significant power for 20 years and more by registering a patent.

 

How Do I Find An Indian Patent Database

  • The first step is to go to the official website of the Controller General of Patents, Designs, and Trademarks (CGPDTM)
  • On the main Indian Patent Database page, scroll down to the 'Other Links' section near the bottom and click on the link for 'Patent Office Database' under the header 'Search Databases'.
  • This will take you to the Patent Search System page, where you can enter your search criteria in the various fields provided and run a search of Indian patents that have been registered with CGPDTM.
  • Once you have run your Indian Patent Database search, you can click on any of the resulting patents to view more detailed information about them, including any images or drawings that may be associated with the patent.

Importance of Patent Search in India

A Patent Search India can help with multiple objectives before filing a patent application. Patent Search India can help in

  • Calculating the likelihood of a proposed invention receiving a patent
  • Selecting which patent rights to incorporate into the patent application
  • Determining operating freedom
  • Determining whether a granted patent can be declared invalid
  • Knowing more about related inventions and the status of related patent filings

Indian Patent Search In Case Of Infringement

The applicant and their finding will enjoy exclusivity once their patent application is registered. Patent attorneys get thousands of applications for patents each year. The rejection of patent applications frequently has several causes. The fact that the specific invention is comparable to one already widely used is one of the main causes. It is strongly advised to conduct a thorough patent search in India using Finxurance to prevent the problem. Our experts will examine all publications, current inventions, and patent applications.

How to Search Patents Online?
  • First, go to the Controller General of Patents, Designs, and Trademarks (CGPDTM) website, which is the Indian patent office
  • Click on the 'Patents' tab on the top menu bar and select 'Online Patent Search' from the drop-down menu
  • Online Patent Search will be taken to a page with two search options-'Basic Search' and 'Advanced Search'
  • Select 'Basic Search' for a simple search and enter your keywords in the search box provided
  • You can also narrow down your free patent search online results by selecting options from the drop-down menus for the field of search, type of document, status, etc
  • If you want more control over your search results, choose 'Advanced Search'. Again, enter your keywords in the search box provided and select options from the various drop-down menus to narrow down your results
  • You can also specify whether you want your keyword(s) to appear in the title, abstract or whole document using the radio buttons below the search box
  • Once you have entered your keywords and chosen your options, click 'Search' to get a list of patents matching your criteria.
Indian Patent Search Attorney in India

It is mandatory to register your patent after conducting the Indian patent search as soon as possible. The person with a patent for the invention first-hand gets major authority rather than the person who invented it.

Finxurance can assist you with the e-filing of a patent in India. You can file both temporary and permanent patents with us.

Initially, You must offer all necessary documentation when applying for a design patent. We will look into all possible details, such as the invention's potential applications across industry sectors and benefits over existing products. Subsequently, We will complete the registration. Our patent attorneys will help you throughout the process.

FAQs

Frequently Asks Questions

In principle, the patent owner has the exclusive right to prevent or stop others from commercially exploiting the patented invention. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported or sold by others without the patent owner’s consent.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.
The protection is granted for a limited period, generally 20 years from the filing date of the application.
A patent owner has the right to decide who may – or may not – use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner’s consent.
Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip. An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound. Many products in fact contain a number of inventions. For example, a laptop computer can involve hundreds of inventions, working together.
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to stop patent infringement. However the main responsibility for monitoring, identifying, and taking action against infringers of a patent lies with the patent owner.
Prior art is information widely known before a U.S. patent application’s effective filing date. Published prior work may be in print or digital form. It is common to mention websites, social media platforms, and numerous other online publications as reliable prior art sources.

A patentability search is conducted to find patents and non-patent publications that may impact an invention’s ability to get a patent. This search is sometimes referred to as a pre-application search because it is advised to applicants to conduct it before drafting and submitting the patent specification.

Patents might be of the Utility, Design, or Plant varieties. Anyone who creates a new, useful process, machine, manufactured goods, composition of matter, or any new, beneficial improvement, may be eligible to receive a utility patent. Utility applications make up most of the patent requests submitted to the USPTO. Anyone who creates a brand-new, distinctive, and ornamental design for a manufactured good is eligible for a design patent. Anyone who creates or discovers a brand-new variety of plants and asexually reproduces them may be awarded a patent.

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