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MEANING OF PATENT REGISTRATION:
The Patent is one of the pillars under Intellectual Property Rights. It is an absolute right granted to the inventor for their unique invention. The person who is endowed with such absolute right is termed as “Patentee”. This right hold validity for a maximum period of twenty years. Thereafter the same will plunge under the public domain. In India, patent registration is regulated under the Patent Act, 1970 and Patent Rules, 1972. By way of patent registration, the patentee shall enjoy the exclusive rights of governing, manufacturing, utilizing, auctioning, gets involved in the process of importing the patented goods or procedure for manufacturing the goods. In pursuance of the patent registration, another person will be hindered to use the invention without due consent and approval by the patentee. This registration for a patent can be applied either by the individual or by the firm. To prove the validity of the invention the patentee shall produce sufficient evidence to validate the uniqueness of their invention. In India, the government has established the Intellectual Property Department for granting the absolute right over the unique invention and applications concerning patent registration are handled by the Patent Office, Controller General of Patents, Designs and Trademarks. This application can be filed electronically by attaching the provisional or complete requirements with the recommended government authority.
KEYWORDS: Intellectual Property Rights, Patent, Patent Act, Patentee, Patent Registration, Patent Rules.
WHAT SHALL BE PATENTED IN INDIA?
Generally, the Intellectual Property rights of Patent shall not be granted to all inventions. It is restricted only to specific inventions. Therefore before proceeding with the patent registration process one should make sure of the nature of the invention. The invention shall be relative to labour, methods, production, appliance-related, computer software or some other categories of the invention which have not been created to the public in general and society at large.
KINDS OF INVENTIONS THAT CANNOT BE PATENTED:
The following categories of inventions cannot be patented under the Indian Patent Act, 1970. They are as follows:
Inventions that are antagonistic to the natural laws;
Inventions that are considered as a bias to the human and animal health and to the well-being of the environment;
Inventions that are bare findings of sort of living or non-living element prevailing in nature;
A bare discovery of already known procedures unless and otherwise the same gives a divergent output in the form of goods;
The bare amalgamation that results in the assemblage of the properties of the elements;
Bare preparation or re-preparation of devices that are very simple in nature;
Inventions that are expelled by the Patents (Amendment) Act 2002;
Methodology involves purposes concerning agriculture or horticulture;
Procedures relatives to curative or human being medical care;
Processes involving treatment for animals in order to curb the diseases and let the free;
Inventions focussing on animals and plants inclusive of seeds and species, approximately processes that are biological in nature that is put to usage for the development of plants and animals alternative to microorganisms;
Methodology concerning mathematics and computer programs;
Inventions concerning literature, drama, music or artwork that involves motion pictures as well as TV set products;
Some bare methodology of having fun;
Bare facts displayed;
The terrain of joined circuits;
Any invention that is a collection or analogy of already popular properties of elements that are known traditionally;
Inventions that are atomic energy shall not be patented;
SIGNIFICANCE OF PATENT REGISTRATION:
The following are the important points considered essential for patent registration:
The patent registration gives a unique designation to the inventor by the term Patentee. This patentee has exclusive rights and privileges over their invention. No other person shall make use of their invention without their due consent and approval. Even then if Patent infringement takes place then the patentee can sue the infringer for the damages. But this right can be exercised by the patentee only when the invention is duly registered. Therefore if the invention is not registered then the invention cannot be legally protected from infringement.
The patent registration renders the patentee the right to auction or alienate the patent in a way that aid in raising the monetary status.
By duly registering the invention the same is safeguarded legally for the period of twenty years.
The registration of patents will render a compelling advantage to the businesses. For identical goods the competitors are restricted from using the patented invention.
The patent which is a pillar of intellectual property rights renders absolute rights by the process of patent registration. Therefore it is considered as an intellectual asset for businesses that can be auctioned, alienated or economically condensed.
YARDSTICK FOR FILING PATENT REGISTRATION APPLICATION:
The following are the essential yardsticks for filing an application for patent registration:
The invention ought to be a brand-new creation and earlier to the filing date of application for a patent it ought to have not been published in any place in India.
The invention ought not to be in most clear nature and the same must be deliberated by the skilful person as not expected one or astonishing evolution.
The invention must be a sort that is capable to put into usage for industrial purposes.
REQUIRED DOCUMENTS FOR FILING PATENT REGISTRATION APPLICATION:
The following are the essential documents required for filing an application for patent registration:
The patent registration application must be in Form-1;
Complete specifications must be filed in Form-2 but the same cannot be assessed then there should be provisional specifications;
Statement and undertaking must be in Form-3;
The inventor should give a declaration for his invention which should be in Form-5;
Evidence from the inventor concerning the right for filing a patent registration application;
In a case if the patent agent or the patent attorney files the application for patent registration then the power of authority shall be filed in Form-26;
For applications concerning Paris Convention Treaty any individual need to file documents of priority attaching the application within a span of eighteen months from the date of priority;
National Biodiversity Authority permission must be established for applications concerning biological material attained from India;
The cause of origin relating to any biological material that is put in usage in the specifications must be apparently displayed in the patent registration application form;
The Applicant or the Patent attorney must duly sign the patent registration application with their name and date and specification involving complete and provisional nature should also endorse on the final page together with the date.
PROCEDURE FOR PATENT REGISTRATION:
There are a few procedures necessary to undergo in order to register the invention of the inventor. Registration of invention will fill the loopholes existing for infringement. The inventor shall obtain monopoly rights over their invention only when it is duly registered. Therefore registration of invention is considered paramount. The following procedure needs to be fulfilled in order to make the patent registration legally valid.
The first process to commence with the registration of a patent is a patent search. No two similar patents can exist. Each and every invention should be unique in order to hold validity and to be free from the havoc of infringement. If there exists a registered patent in ideas similar to the proposed patent then the patent shall not be given. Patent search aid the applicant from length registration procedure. The applicant shall be in a position to skip the upcoming procedure for registration if there exists a patent identical to the ideas.
Patent registration which has been performed in India, hold validity only in India and outside India. If we want to protect the invention in countries other than India, then an exclusive application for patent registration shall be filed in each country.
While filing an application for patent registration, essential information’s in respect of the invention connected with the intellectual property department must be adhered to the application.
In pursuance of filing of application form for patent registration, the Indian Government, the Patent Office will verify and execute the search regarding the existence of similar ideas or inventions. If they found the proposed patent hold unique and deemed to become under the category of patentable invention then the invention shall be duly patented.
After underwent of the due procedure for patent registration, if the invention holds validity for registration, then the application status will get updated for further process on the website of the Department of Industrial Policy Promotion, Ministry of Commerce and Industry and finally Government of India. The patent certificate will be granted after a period of one year from the patent registration.
VALIDITY PERIOD OF THE REGISTERED PATENT IN INDIA:
The registered patent will hold validity for the period of twenty years right from the date of filing of the provisional or complete patent registration application. After this expiry of twenty years’ time period, the registered patent will bring back to the public domain for a common usage perspective.
PATENT RENEWAL PROCESS:
In order to keep the patent in existence, it needs to renew every one yard time period without fail. The renewal process is deemed mandatory in order to prevent the non-existence of registered patents. Application for renewal must be filed along with the prescribed. The fees for the renewal process shall be paid at the end of the second year from the date of patent registration. Failure to renew make the registered patent fall under the public domain and failure of payment of renewal fee within the allotted time will make the patent cease to exist. Then the patent can only be restored by the filing of restoration application under Form 15 within a span of eighteen months from the date the registered patent ceased to exist.
OBJECTIONS FROM THE EXAMINER:
Application for examination will be filed before the examiner by the applicant. The examiner will thereafter peruse the application with due diligence adhered to a technical background check. The examiner should get satisfied that the application is in consonance with the patent act and rules. The examiner will also make sure that there exist no similar registered patents before and this invention is capable of patent registration. On the other hand, if there exists any objection towards the proposed patent then the examiner will mention the objection in the report namely “First Examination Report (FER)”. Thereafter the applicant needs to respond to FER. The process of FER also calls for the applicant to appear for the hearing. The patent will be granted to the applicant within a period of six months from the date of FER given to the applicant. The stipulated time period shall also be extended for an additional period of three months by filing an application for an extension of time in Form 4.
PATENT REVOCATION:
The patent shall be revoked by the filing of the petition before the Honourable High court moved by any individual or central government in cases concerning counterclaim falls in the suits for infringement of the patent. The patent shall be revoked if the High Court finds that the patentee fails to abide by the reasonable terms and conditions stipulated by the government. Further, the patent is also capable to get revoked if the public felt if it doesn’t function up to the expected mark.
APPEAL AGAINST REJECTION OF PATENT REGISTRATION APPLICATION:
In general scenario, Section 25(1) deals with pre-grant opposition and Section 25(2) deals with post-grant opposition under the Patents Act, 1970. If the application for registration has been rejected by the governing authority due to the oppositions raised, the aggrieved applicant shall move for appeal with sufficient grounds before the Intellectual Property Appellate Board which is located in the presidency towns of Delhi, Chennai, Mumbai, Kolkata and Ahmadabad with the prescribed fee for the same. Section 117A of the Patents Act, 1970 stipulates that the appeal shall be filed within a period of three months from the date of a final decision by the authority. But howsoever the time period shall also be extended on due request by the concerned applicant.
INTERNATIONAL PATENT REGISTRATION IN INDIA:
The application for International patent registration application shall be filed electronically on the website of the World Intellectual Property Organisation (WIPO). It will salvage the time and effort of the applicant in protecting their invention in several countries. By getting the patent registration in several countries the patent can be protected from infringement on the countries’ where it is duly registered.
HOW CAN COMPLIANCE CALENDAR LLP HELP?
Compliance Calendar LLP plays a pivotal role in Patent registration. It will assist the individual or firm in filing applications for patent registration. It will verify whether there already exist any similar registered patent and will inform the validity of the proposed patent. On the other hand, if there exists no similar invention then CCL will make sure that the proposed patent holds validity for the registration process and procedures. It will also render advice for international patent registration and the validity of patent registration time tenure.