Patent

Patent Registration

Overview

Patent is a special right granted by the Government to the person who develops any new, useful device, software, products or processes. The provisions of the Patent Act, 1970 protect individual inventions.

WHO CAN APPLY FOR PATENT

The following are the people who can apply for patent registration services at the patent office either individually or jointly or with another person:

  • He himself invented any device or process, the founder
  • A person dedicated to the composer
  • Any legal representative of the composer who is deceased or authorized.

According to the Patents Act, the word person is defined as government.

FILING OF THE PATENT APPLICATION

  • An application for registration of a patent will be filed with the competent Copyright Office. The local capacity to apply for a patent before the patent office is below:
  • Where the applicant resides, or resides or conducts business.
  • The address of the services rendered in India by the applicant, in the event of a foreign applicant
  • For registration purposes, the Indian Patent Office regulates their activities from major cities namely Kolkata, Delhi, Mumbai and Chennai.

REGISTRATION PROCESS

There are two options available to a person seeking a patent registration, an online filing of applications or a patent office.

Completion of the application – A patent application is filed before the patent office containing full details, claims, ambiguities, and declaration by the developer and the prescribed fee.

Publication – Publishing of an application is done after the expiry of the 18-month period from the date of filing or the date on which the application was filed with the title of establishment, unambiguous, application no. and the name of the applicant and the composer.

To speed the process of granting a patent application, the application for publication is filed before the patent office which may be made at any time after the application is filed. The application is published one month from the date of publication.

To speed the process of granting a patent application, the application for publication is filed before the patent office which may be made at any time after the application is filed. The application is published one month from the date of publication.

Opposition (if any)

  • Pre grant opposition
    A person may apply for the first grant in writing when the application is published but it must be made prior to the granting of the patent only. After applying for testing, the patent office begins to dispute. Various submissions of respondents and their response and testimony made by the applicant before the Copyright Office. Upon request to hear the parties before the patent office, the Regulator will proceed further by rejecting the application or granting a patent. Following the decision of the Regulator, the applicant has the opportunity to proceed with an appeal against that decision
  • Post grant application
    After the grant has been granted, any interested party may lodge an objection to the postal grant with the Regulator.After hearing the parties on the basis of sound natural justice, the Regulator has the authority to make a decision and inform the parties of the decision by providing a reason. The party is free to appeal the decision of the Regulator.
  • Request for the Examination
    An applicant or a third party may apply for a probationary application.
  • First Examination Report
    After reviewing the application on the basis of youth, design or industrial application, the examiner will issue and submit the initial inspection report (FER) and details.
  • Amendment of the objections by the applicant
    By issuing the FER, the applicant has provided an opportunity to submit a response and remove the objection raised by the inspector.
  • Grant of Patent – After removing all objections / disabilities raised by the Inspector in the Preliminary Examination report, the Regulator submits the application.

 

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