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Patent Complete Registration

Overview of Patent Complete Registration

Patent registration can be obtain in India for an invention. A patent is a right grant to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without the patent holder’s approval or consent. The primary step an inventor takes to safeguard their innovation from being exploited is to file a patent.

No

Stages of the patent process

 Form No.
1.

Application for grant of patent

 Form 1
2.

Provisional/complete specification

 Form 2
3.

Statement and undertaking under section 8 (this is only required where a patent application is already file in the country other than India)

 Form 3
4.

Declaration as to inventorship

 Form 5
5.

Forms submitted only by start-ups and small entities.

 Form 28

Types of Patent Application in India

  1. Provisional Application – A provisional application, also known as a temporary application, is file when an invention is still in the works and has not yet been finishe. Any other relevant inventions will not be recognize as prior art to the inventor’s application if a patent is file early. When an invention requires more time to develop, this form of patent application is file.
  2. Ordinary or Non-Provisional Application – An ordinary or non-provisional application application does not have any priority to claim or if the application is not file in pursuance of any preceding convention application. A complete specification can be submitted via.
  3. Direct Filing – Wherein complete specification is initially file with the Indian Patent Office without filing any corresponding provisional specification.
  4. Subsequent Filing – Wherein complete specification is file after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.
  5. Convention Application – The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries. To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country. To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.
  6. PCT International Application – PCT international application does not result in an international patent grant, it open the way for a shortened patent application process in multiple nations at once. It is governed by the Patent Corporation Treaty, which can be validated in up to 142 nations. By filing this application, an innovation will be protected from being copied in these nations.
  7. PCT National Application – If the applicant discovers an innovation, or a modest modification of an invention, that has already been applie for or patented by the applicant, he must file this application. If the invention does not need a significant inventive step, a PCT National application can be file.
  8. Divisional Application – If an application claims more than one invention, the applicant may choose to partition it and submit two or more applications. These applications have a priority date that is comparable to the parent application.

Eligibility for Patent Registration

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

  1. The true and first inventor.
  2. True and first inventor’s assignee.
  3. The representative of the deceased true and first inventor his / her assignee.
  4. According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
  5. In the case of a proprietorship firm, the application should be made in the proprietors’ name.
  6. In partnership firms, the names of all personally responsible partners must be includ in the patent application.
  7. An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
  8. The applicant is require to disclose the name, address, and nationality of the true and first inventor.

Documents Required to Obtain a Patent Complete Registration

  1. Patent application in Form-1.
  2. Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application. A separate agreement attached with the patent application.
  3. Provisional specifications, if complete specifications are not available.
  4. Complete specification in Form-2 within 12 months of filing of provisional specification.
  5. Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be file along with the application or within 6 months from the date of application.
  6. Declaration as to inventorship in Form 5 for applications with complete specification. A convention application. A PCT application designating India. Form-5 or Declaration as to inventorship can be file within one month from the date of filing of application if a request is made to the Controller in Form-4.
  7. Power of authority in Form-26, if patent application is being file by a Patent Agent. In case a general power of authority. Then a self attested copy of the same can be file by the Patent Agent or Patent Attorney.
  8. Priority document must be file in the following cases:
  9. Convention Application (under Paris Convention).
  10. PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfill.

Note –

  1. Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
  2. If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
  3. The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  4. All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
  5. Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.

FAQs About Patent Complete Registration?

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