What is Patent Registration Overview

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.

The lifetime of a patent is 20 years. This period is limited is most cases, but it could only be extended by the act of congress and in rare cases it could be extended for a few years.

Types of Patent Registration

Ordinary application

This type of application is carried out when there are not any application or reference to any other application under process in the Indian Patent office. The priority date and filing date are the same for ordinary application.

Conventional application

If an inventor has already filed a patent in other country and now wishes to do the same, then this comes under conventional application. It is mandatory to file the application for Indian patent within 12 months of first filing it.

PCT International application

PCT International application lets you to file the patent application in multiple countries and you can file it in up to 142 countries. It could take between 30-31 months from the international filing date to enter and claim protection in each country.

PCT National phase application

You can file this application within 31 months from the international filing date.

Documents Required For Patent Registration

1. Patent application in form-1
2. Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
3. If complete specifications is not available, then provisional specifications.
4. In the case of provisional specifications, then complete specification in form-2 within 12 months.
5. Statement and undertaking under section-8 in form-3 (if applicable).
6. If patent application is filed by patent agent, then power of authority in form-26.
7. 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.
8. The source of geographical origin should also be included in the case of biological material used in the innovation.
9. All the applications must bear the signature of the applicant/authorized person/Patent attorney.
10. 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.