Procedure for Patent Registration

Fill Patent application form

All you need to do is complete our simple form and provide your basic information which will be required while filing for patent registration to get a patent.

START

Conduct Patent Search

After receiving all the documents from your side, we will conduct a patent-ability search for you.

1 WORKING DAYS

Prepare Application

On basis of your basic information and documents, we will draft your Patent application.

3 WORKING DAYS

Patent Submission

After the final review, we will file the Patent application with Indian Patent office.

2 WORKING DAYS

Your work is completed

After submitting all the documents and Patent application, we will mail you the acknowledgement regarding same.

CONGRATULATIONS

Criteria for filing a Patent

• Novelty:e. some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
• Inventive Step/Non Obvious:If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
• Industrial Applicability:Invention should be useful, such that it can be used in an industry.

Why Patent Registration

• Get royalty by licensing your patent
• Protection for a period of 20 years in India
• You can then utilize your invention yourself.
• Stop others from using your invention without your permission

What is a Patent?

• The Patenting system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.
• TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.
• This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner’s consent.

Advantages of Patent

• Patent protects invention:It an intellectual property which protects your invention and prevents other to use it without your prior permission.
• Sell or transfer patent right:Registration of patent allows you sell,transfer or franchise your patent. This will help you to raise more revenue.
• Patent valid for 20 years:Your invention gets protection for a particular period which helps you to protect your invention.

Steps for Patent Application

Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. As it is a quite serious matter so the person should file this application seriously to avoid any future dispute regarding the infringement. Before filing for the patent, there are some key points which should be followed accordingly.

Step 1: Patent search- How to check patents? it is the most common question among people when they want to patent for an idea. So, PNJ Legal performs patent search for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, than patent is not granted. Patent search saves you from the effort of going through the year long registration process. You can stop if the patent is already registered.

Step 2: Patent domicile – Patent which are registered in India is only valid for India. It protects your invention in India only and does not apply to other countries. There is the possibility to protect your invention in other countries as well. For same, you need to apply for a separate application in each country.

Step 3: File Patent application – An application should be filed with the department before disclosing all the details about your invention.

Step 4: Patent Review – The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on similar idea. If they find the invention unique and patentable, then they grant patent for the application.

Step 5: Patent Grant – Once the patent is granted, the application status is updated online at the Patent site. It can take from 6 months to even 1.5 year for a patent certificate to be granted.

Frequently Asked Questions

1. What can be patented?

It can be any invention related to work, manufacturing, the machine, process, computer software or any other which was never introduced to the public before. If a patent is granted in India does it mean that it will protect my invention outside India as well? A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.

2. Should I patent my publication before or after publishing the details of invention?

To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.

3. Do I need professional help to draft and file an application for a patent on my behalf?

Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.

4. Is it possible to keep my invention secret after getting a patent for it?

No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.

5. Is it possible to patent my app?

This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patent-ability criteria laid down in the Act.

If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.

6. Is it possible to get my software related invention patented?

For a software to be patented it must fulfill the patent-ability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patent-able items etc. To ensure novelty, it is recommended to take expert help for conducting a patent-ability search so that you do not incur government fee for a non-patent-able invention.

7. Why is a patent search essential?

Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.

8. If I could search through patent search about the registration, then why should I go to any consultant for the same?

Yes, you could search easily at portal. But it requires the expert consultation to search for a patent. They can help you with the filing with more accuracy. So it is always advised to consult experts while patent search or registration in India.

9. Can I discuss details of my invention with a potential investor before filing for patent ?

Disclosing the details to an investor poses a risk for invention not meeting the patent-ability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.

10. What is the validity of any patent?

Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under public domain.

11. Does the applicant get an opportunity of being heard before his application is refused?

An applicant should make a request for a hearing in of the application at least 10 days before the expiry of the statutory period. If he fails to do so, then the controller may not provide the opportunity of being heard before refusing his application.

12. In which cities does PNJ Legal provide Patent registration?

PNJ Legal provides Patent application services across India in all cities. We have done Patent registration in Mumbai, Delhi, Gurgaon, Noida, Bangalore, Chennai, Hyderabad, Ahmedabad, Kolkata, Surat, Pune, Jaipur, Lucknow, Kanpur, Nagpur and other Indian cities.

13. How to apply for patent or How to patent your idea?

To obtain patent you have to first apply for a patent.

1.Fill patent application form/apply for patent

2.Patent check

3.patent a name

4.Documentation

5.Patent submission

After done with patent procedure you can simply get the patent of your idea.