A patent is a right grant to an individual of a government-owned enterprise used to exclude other individuals or companies from making or selling patented products without the patent owner’s consent. Registration of a patent under the Patents Act, 2002 is mandatory for all Indian inventors seeking protection of their intellectual property, irrespective of their respective fields. India has some special documents and complete process for patent registration in Chennai
Procedure
The Patent Act is the central law dealing with the filing and regulation of patent applications for patent registration in India. Patent applications can be file at the local branch of the Indian Patent Office Fees or at the headquarters depending on the location of the applicant. There are two types of financial costs for an applicant to register a patent:
Government fees for forms and renewals
Agent or attorney fees.
There are several steps involve in the registration process. They are as follows:
Disclosure of Invention
An undisclosed agreement is sign between the professional and the inventor is need for patent registration. After signing this agreement, the details of the search must be give to the professional in full so that he can proceed with it further.
Find out if the search is patentable
This step is where a professional searcher in the field of search finds out if the search is patentable for the Patent registration in Bangalore
Decision to file a patent application
This step is one of the most crucial initial steps in filing an application for patent approval in patent registration. In this step, after discovering whether the invention is patentable, a decision is made as to whether a patent application must be made. This decision revolves around the provisions of the Patent Act which determine whether an invention is patentable in the first place.
Drafting a Patent
The most crucial step in a patent application is the drafting of a patent application for patent registration. The candidate can draft the application on his own or enlist the help of professional patent agents or attorneys.
File a Patent Application
Before filing a patent application, the applicant must be satisfy with the scope and content of the application. This is to make sure that there is no confusion in what he wants to tell the examiner about his discovery. After the drafting process, once the applicant is satisfy, the patent office fee can be apply for. Depending on the type of patent application, a patent form needs to be fill out before the appropriate forum.
Request for Examination of Application
When a patent application is file, the application is check by the Patent Controller. If the applicant needs a speedy examination, he has to apply to the Controller for a speedy examination i.e. an application stating the reasons within 48 months.
Response to the objection raised (if any)
The draft of the patent applicant is thoroughly evaluate and examine at this stage. If there are any objections raise, the inventor must prove that the invention is capable of being patentable.
Obtaining a patent application grant
Once the objections are answer and the examiner is satisfied that the applicant’s search meets all the conditions for patent approval. The patent is then grant to the applicant.
Renewal of Patent
Once the patent is approve (i.e) when patent registration is done and it becomes valid, it can be renew 20 years after filing the patent application.
Duration for the patent
In India, the patent registration in Chennai is protect for a period of twenty (20) years from the date of filing the application. This twenty year calculation starts from the date of filing the application regardless of the initial or complete specifications. an applicant has filed a patent application under PCT, the period of protection is twenty (20) years from the date of priority instead of the date of filing.
Then,there is a patent in addition, there is no need to pay any additional renewal fee and the payment schedule for such patent remains the same as the main patent. If the additional patent becomes an independent patent, then the guidelines for an independent general patent should be followed. If the patent is forget or the renewal fee is not paid by any chance, a length of up to 6 months is granted.Then,patent fails to make such payment within the extended period, the patent ceases to exist and passes into the public domain.
Merits of Patent registration in India
Offering patents for sale:
Patents are intangible assets, but can be buy and sell just like tangible assets. If you are running a small business and need financial backup, the best way to convert your inventory into cash is to transfer your patent rights to someone else. One way to sell a limited amount of patents is to find a patent broker who acts as an intermediary between you and the interested party. It can be any organization, institution or business.
Patent infringement:
One can also search for products that infringe patent. Finding a breach can play an important role in achieving high financial returns. If someone infringes your patent, there are two options available. One is to issue a patent registration in chennai to your infringer and the other is to file an infringement claim against the infringer.
Investment and economic development
Patent registration in bangalore can come as a surprise to an organization by lending its inventive market power in which small companies can use patents to appeal for financial support. It can also stimulate the economic growth of the national industry as local companies holding patents can attract foreign investments and also develop products for export purposes. Patent exploitation also plays an important role when you invest in research and development projects that later increase commercial and industrial profits and growth.
Popularizing innovation
Similarly,Patent promote innovation through many benefits, such as by providing limited monopolies, rewarding inventors for effort and time by creating new products, improved goods, and services that meet social needs and enabling researchers to protect their intellectual property and potential. Maximizing their innovations is an important component of the innovation process. For scientific innovations and technologies, such as academic recognition and promotion, the possibility of financial return adds incentives for prizes enabled by patents. Without incentives, as private investors, incentives play a very important role