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PATENT REGISTRATION

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PATENT REGISTRATION


A Patent may be a statutory right for AN invention granted for a restricted amount of your time to the inventor by the govt, in exchange of full revelation of his invention of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for manufacturing that product for those functions while not his consent.



Patent protection is territorial right and so it's effective solely inside the territory of telangana.However, filing an application in telangana enables the applicant to file a corresponding application for same invention in convention countries, inside or before expiration of twelve months from the filing date in telangana. Therefore, separate patents ought to be obtained in every country wherever the applier needs protection of his invention in those countries. There is no patent valid worldwide.
An invention relating either to a product or method that's new, involving creative step and capable of commercial application may be proprietary However, it should not below make up the classes of inventions that are non- patentable under section three and four of the Act.

What is Patent ?

A patent is basically a right or a kind of license which is given to someone for a determined amount of time by the government which confers on the person the sole authority to exclude others from using, promoting, selling or modifying an invention in exchange of public disclosure of the details of an invention. An invention can be a solution to a technological problem, process or product and is an intellectual property.

It insures the inventor and his invention from getting exploited without valid permission and also secures the investor’s exploitation rights preventing the product being invested on from changing or altering.


What is the Procedure for Patent Registration in India?

So, now that you fulfill all the criteria and have all the required documents for Patent Registration, you can now follow these steps to get your patent registered in India


STEP-1

The first step is to do patent search before filing a Patent application. If the invention is found in earlier arts or close to the earlier arts, then it can be challenged by the Indian


STEP-2

After conducting a thorough study regarding the prior inventions or arts, the invention would be written in techno legal language, known as specifications. With claim is the complete specification and without a claim is the provisional specification. The specification specifies the detail of invention, area of invention, and the method to perform an invention.


STEP-3

Under the third step, one can file an application related to Patent Registration in India. If the provisional specification is filed within 12 months, you have to submit the full specification. A Patent application consists of a series of forms prepared according to the Indian Patent Act, 1970. Ordinary
Application:- An ordinary application consists of provisional application and complete application or non-provisional application.

Patent Cooperation Treaty (PCT):- It helps the inventors in seeking international Patent protection for their invention. The PCT application consists of 2 phases:


Publication of patent application

Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal.


Examining of patent application

Every application filed for protection will be examined before a patent is finally granted. The application has to be made for examination in form 18. The earlier one makes a request, the earlier the application will be examined by the examiner. Once the application is filed, it is transferred to the patent officer who will examine the application to ensure the same is in accordance with the patent act and rules. A thorough search is conducted by the officer where he/she analyses the relevant technology in depth and the objections, if any, will be communicated. The report issued in this case is called the First Examination Report(FER). phases:


Rules to keep in mind while filing the patent application

The fees payable with respect to the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable are specified in the First Schedule. An additional fee of 10% is payable when the applications for patent and other documents are filed physically.

The fees payable under the Act or rules may be paid at the appropriate office either in cash, or through electronic means, or may be sent by bank draft, or banker‘s cheque. The amount is payable to the Controller of Patents and drawn on a scheduled bank at the place where the appropriate office is situated. If the draft or banker‘s cheque is sent by post, the fees shall be deemed to have been paid on the date on which the draft or banker‘s cheque has actually reached the Controller.

Where a fee is payable with respect to a document, the entire fee shall accompany the document.

In case of transfer of application from a natural person to other than a natural person, the difference, if any between the fee shall be paid by the new applicant with the request for transfer.

In case an application by a small entity is fully or partly transferred to a person other that a natural person, the difference, if any, between the fee shall be paid by the new applicant with the request for transfer.

In case an application processed by a start-up is fully or partly transferred to any person other than a natural person or a start-up, the difference, if any, can be charged from a start-up and such person to whom the application is transferred. In short this shall be paid by the new applicant along with the request for transfer: Explanation: Where the start-up ceases to be a start-up after having filed an application for patent due to lapse of more than five years from the date of its incorporation or registration or the turnover subsequently crosses the financial threshold limit as defined, no such difference in the scale of fees shall be payable.

Fees once paid in respect of any proceeding shall not ordinarily be refunded irrespective of whether the proceeding has taken place or not: Exception: If the Controller is satisfied that during the online filing process, the fee was paid more than once for the same, the excess fee shall be refunded.

A refund is initiated only if an applicant withdraws his request for examination before the first statement of objection is issued. Please note that this refund is only to the extent prescribed in the First Schedule. Any person may deposit money in advance and request the Controller to realize any fee payable by him from the said deposit. Subject to the approval of the Controller, any person may discontinue the deposit of money in advance and in such case the balance, if any, shall be refunded.


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