A short note of Patent Registration in India
Patent registration in India
The patent registration…secured to the inventor for a limited time exclusive use of his inventions and thereby adding fuel to the interest to the fire of genius in the discovery and production of new and useful things- said by Abraham Lincoln. This states the importance of the patent registration. It is also one of the intellectual properties. If you invent any new thing or medicine then you can get the patent for it. Because of this no one can claim right to your invented product or medicine. If anyone does so you have all rights to sue the wrongdoer. It paves the way for getting patent rights for your “thinking”. This is interesting. For years ago some people were interested in inventing bio petrol. If it were perfectly invented, it could have been easier to get the patent. So Patent registration in India clearly states that a person need not be any degree holder but can be very extraordinarily thinking person to invent something. What are all the necessary points to be considered when you apply for patent registration in India? Firstly if you invent a product you have to give the name and they will verify whether the name you say is similar to any other names. Then you will be called for an interview in New Delhi. And there you should answer the questions. The questions are related to the field in which you have invented and what are all the advantages and disadvantages. And also how it is useful for others; whether it is constructive or not, such things will be considered. And then product is approved and patent is given. When patent is given then it will be initially valid for one year. It has to be updated yearly and yearly and for about 20 years it has to be updated. If suppose anyone invents same product or medicine in same name in future after you and it is checked and intimated to have some other name or whatever related to the invented item. For updating certain amount will be collected because year after year your file will be registered year after year.Patent registration in India says that this process is followed for twenty years. In this span of twenty years’ time you invented item will reach everyone and you can visually see how it is useful for the mankind. After twenty years of time your invented item becomes public property and can be used for free.
The grant of patent is made law by patent Act 1970 and the patent rules in 1972.Later in 1995 India entered into World Trade Organisation. Under WTO the member companies have to comply with TRIPS agreement. TRIPS mean Trade Related Intellectual Property Rights. So in this all the members have to be shifted from process patent and product patent.The process patent means the formula involved and the product patent is the product developed. Before TRIPS the patent period was short.Patent registration in India advises the inventor to have tie-up with corporate companies to share the idea of your invention or to sell your invented item. Or if you don’t wish to do so you may start a company on your own and it is easier for you to get the loan required from the central Government.The procedure to obtain patent is Invention disclosure which describes about invention, it should have Non-disclosure Agreement.Patent registration in India advises you need to sign the document with the parties to whom you disclose the information about the invented item. Such parties may be patent professionals, supervisors, partners, technical assistance and so on. Then you need to assess whether invention is patentable. This assessment takes the following into consideration that whether it is Novel, non-obviousness and is applicable for industry. The time required will be seven days.
The next step is to write and file patent application. The patent writing is specialized skill and needs technical knowledge. This is called techno-legal. And speaking about filing patent Patent registration in India says the application it is of two types.
Provisional patent application and Complete patent application
Provisional patent application is helpful when you are at very early stage of research and development of the invention. It gives security for the filing dates, security for priority date. Definitely it takes seven days’ time. Then in twelve months of time complete application is filed.Patent registration in India educates the people about it.
The Complete patent application includes entire description of the invention, diagrams, embodiments and claim.
After this the application is published. From filing date after eighteen months the application is published. If you feel it is very delay then early publication request is made. Then RFE is given Request for Examination is done. The first examination report submitted by the examiner raise objections and the same is reported to patent applicant. Then the applicant should respond to the objections.Patent registration in India states that the final step is granting the Patent registration in Coimbatore which is the dream of the inventor. This patent gives all the rights, credibility, fame, wealth and brings pride for the inventor also to the nation.
Then what are the difficulties normally an inventor face. As discussed above the cost of filing is more because yearly he has to update and the registering fee will be more for twenty years. And also the action to be taken if needed on an infringer it will also cost a lot. Of course it is time consuming and need very technical and knowledgeable people are required to prepare the documents.
Patent registration in India says ignoring the above said demerits patent has huge benefit when it is tradable. Also patents give superior rights when willful infringement occurs. Artificial limitations to the market allow patent owner to raise prices higher than market clearing price. If more than one person invents something they can enter into partnership and apply for the patent. Patent registration in India assists you in this process to secure the intelligence and the design of something functional.
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