Patent Registration: Online Patent Application Process in India – Registrationwala

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Patent Registration
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What Is Patent?
Patent is an IPR (Intellectual Property Right)
given to New, useful and inventive inventions.
Through patent registration, inventors have
exclusive right to license, sell or destroy their
inventions.
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What Are The Benefits of Patent Registration?

1. It allows the inventors to stop others from
   copying the invention.
2. For a finite period, you can stop your
   competition.
3. Patent registration inspires scientific
   communities to create new inventions.
4. Patent Licensing allows you to license the patent
   and is an important source of revenue.

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What Is Invention?
An Invention refers to a new product or a new
process that involves an inventive step and is
capable of being useful for industrial
application.
What is New Invention?
New Invention refers to any invention that no
publication anticipated in any document, no
country has ever registered it before and its
existence wasnt known before the date of filing
the patent application.
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What Makes Inventions Patentable?

• Following are the factors that make an invention
  patentable
• Novelty The invention should be new and should
  never have been heard of before.
• Inventiveness The Invention should be truly
  creative and inventive.
• Utility The Invention should be useful for the
  industry in its current state.

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What Makes An Invention Not-Patentable?

1. Frivolous Inventions Inventions that contradict
   the already established laws of Nature
2. Exploitative Inventions If the invention
   exploits people in a commercial or moralistic
   manner
3. Combinative Invention If the invention is a
   combination of already established invention
4. Plant invention other than Microorganisms
5. Certain processes
6. A mathematical rule or algorithm or a computer
   program.

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Process of Patent Registration

1. Deciding whether your patent is patentable
2. Perform Patent Search
3. Gather the documents of patent Registration
4. File the application for patent Registration.
5. Publication of the application for patent
   Registration.
6. Request for Early Publication
7. Examination by Examiner
8. Examination by Controller
9. Grant of Patent.

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Step 1 Deciding Whether Your Patent Is Patentable

• The first step for you is to decide as to whether
  your invention is worth patenting. To do this,
  you can do self-assessment of the NIU factor of
  the patent.
• Novelty
• Inventiveness
• Utility

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Step 2 Patent Search
When you are aspiring to elevate your invention
to the patent status, you are not merely looking
to register the name of the invention, but the
invention itself. Therefore, the process of
patent search is extremely involved and involves
various types.
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Patentability Search

• It is called a novelty search to check if the
  invention is new.
• It can be called the first and the most important
  patent search.
• Conducting this search lets you decide whether
  your invention is patentable or not.

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Freedom to Operate Search

• Freedom to Operate means the ability sell to the
  product without infringing patent rights.
• It is important search if your invention uses a
  product or process that is already patented.
• It is an important patent search methodology for
  all sorts of patents.
• It gives you risk assessment of patenting your
  invention.

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Validity Search

• Conducted to verify the patent claim of the
  invention
• Patent search is done by inventors who already
  hold the patent
• Therefore, it is a post-patent registration
  search.
• It is an optional search, but should be conducted
  to make patent examination easier.

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State of the Art Search

• It is a broad search
• It is done on a broad list of patent searches
• Provides long time market advantage.
• Useful in making strategic decisions at a
  corporate level.

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Step 3 Documents Required for Patent Search

• ID proof and address proof of the applicant
• ID proof and address proof of the inventor
• Description and Specification of the invention
• Purpose of the invention
• Objective of the invention
• Advantage of the Invention
• Utility of the Invention
• Diagrams and/or sketches of the invention
• Tests done on the invention
• Results of the invention
• Other information relevant to the inventions
  description.

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Step 4 File the Application for Patent
Registration

• The application for paten Registration can be of
  following types
• Provisional Patent Application
• Ordinary patent application
• Convention application
• PCT International Application
• PCT National Phase Application
• Patent Addition
• Division Application

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Provisional Patent Application

• Application to secure complete application filing
  date.
• It is meant for inventions that are yet to
  complete.
• Provisional specifications are input in the
  application.
• Helpful is securing the stages of invention
  development.
• Valid up to 12 months, after which complete
  patent application is mandatory.

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Ordinary Patent Application

• Application meant for inventions that are
  developed completely.
• Complete specifications are input in the
  application.
• It does not claim any priority.

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Convention Application

• This application is filed to claim priority date.
• It is based on same or similar applications/applic
  ation filed in convention countries/country.
• To be filed in India within 12 months after
  filing the same in convention country.

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PCT National Phase Application

• It is to be filed after filing the International
  patent application.
• Needs to be filed within 31 months after
  international patent filing

Patent of Addition

• Application to add something to the under patent
  invention
• No separate renewal fee required

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Division Application

• Has to be filed if more than one inventions are
  patented by the same inventor.
• Separate Applications have to be filed for
  separate inventions
• Patents are divided from the parent one, called
  Divisional application.

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Step 5 Publication of Patent Application

• After the patent application is submitted, it is
  published.
• The patent application is published 18 months
  after application submission.

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Step 6 Request for Early Publication

• If you dont want to wait for 18 months for
  patent application publication, you can file RFE.
• RFE refers to Request for Early Publication.
• It can be filed 1 month after the initial
  application submission.

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Step 7 Examination by Examiner

• After publication, the applicant has to file a
  Request for Examination.
• The Examiner than stars patent application
  examination.
• The examiner creates and examination report based
  on the application examination.
• The report is then forwarded to the Patent
  controller.

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Step 8 Examination by Controller

• Controller Examines the Examination report of the
  patent
• If there are any objections, the controller
  notifies the applicant
• Extended time is given to clear the objections.
• The controller can either accept or reject the
  application.

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Step 9 Grant of Patent

• After the patent application overcomes the
  objection, patent is granted.
• The patent is valid for 20 years
• After 20 years, the inventor can renew the
  patent.

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Important Forms to Be Filed During the Process

• Form 1 Grant of patent application
• Form 2 Complete/Provisional Specification
• Form 3 undertaking regarding foreign patent
  application under section 8
• Form 5 Declaration of the inventorship
• Form 26 Form authorizing the patent agent (a
  recommended and important form)
• Form 28 Form to claim start-up or small entity
  status

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Thank You
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