An Overview:
Patents are awarded to people who produce innovations or make significant improvements to existing products, as well as to those who discover new manufacturing processes. For a limited time, patents grant exclusive rights to manufacture an item or to develop a process to make a new article. A patent filing in India expires after which anybody can use that invention A patent protects the invention from being copied and used without permission. If a patent is to be granted, the procedure or product must be original, novel, useful, and industrially applicable, so an assessment is conducted to make sure they are original, novel (not previously published), and industrially applicable (fit for commercial use). A similar invention or item is found by searching the country’s intellectual property authority database
- Market competition is evident from this data
- A patent already exists for the concept of your invention according to this tool
- Your invention can be patented if certain aspects of it are deemed patentable by the guide
- Translating Or Adapting
- You grant others the exclusive right not to reproduce, manufacture, market, sell, or import your innovation without your permission when you register your innovation.
Requirement for the Filing of a Patent in India
Why Is A Patent Search Essential?
There are thousands of patent filing applications filed annually with the patent authorities. However, not every patent application is granted. A similar invention/application or method makes it impossible to distinguish it from other similar inventions/applications or methods.
As an example, pharmaceutical companies in India file patents every year for the products they develop through their research and development departments, as well as for methodology for formulating or obtaining active ingredients.
They are not considered groundbreaking, so they are not eligible for registration. Thus, before applying for a patent, one should search for patents or applications that are similar to the invention before starting the patent process.
An Article Published In A Reputable Journal
During the patent application process, please provide as much information as possible about the invention, including its uses, advantages over existing products and processes, and, if applicable, its publication in a reputable journal.
Patent Search
In response to your request, a GB Legal Associates legal specialist will conduct a thorough search of our database. If the innovation is broad, if it applies to different industries, and if there are similar products/processes, then a more lengthy search is needed. The patent application process will begin once our patent search confirms the newness of the product or procedure you're creating.
Filing a patent application
Filing a patent is an important part of patenting. The entire process specification must be completed by an expert. It is wise to seek expert assistance when drafting a patent application, as it is an art. The individual wishing to file a provisional patent application should do so at the beginning of their research and development process.
Preparing patentability report
A patentability report. In this regard, a patent application must be accompanied by all the specified documents.
Publication of patent application
This is followed by the publication of the patent application in the Patent Journal within 18 months. A patent can be filed early if the prescribed fees are paid with the request
Patents published after filing
Until a patent application is published in the Patent Journal, the Indian patent office retains all applications as confidential. It is not necessary to raise a request to publish a patent, it happens automatically after 18 months after filing applications.
Examining patent applications
A formal request for a patent examination would be made within 48 months of the patent's first filing. The patent office will treat the application as withdrawn if the applicant fails to file within the specified time frame. After conducting a thorough investigation, the examiner issues a first examination report called patent prosecution.
Objections to patents
Patent applications are also subject to objections, so you must analyze the patent examination report and respond correctly to those objections
Patent issuance
A granted patent is published in the Patent Journal once all patentability requirements have been satisfied.
Examining And Publishing Applications
The general public shall be eighteen months from the date the application is filed or the date the application receives priority, whichever is earlier. It is provided that the Controller must generally publish a notification in the journal within one month following the expiration of the previous period, or within one month following the date of a request for publication under rule 24A.
An application for publication under section 11A, paragraph (2), should be submitted in Form 9.
An Application For A Patent Is Made By A Corporation
You can apply for a patent as an individual, a partnership firm, a limited liability company, or a corporation. However, they are incapable of inventing, and thus cannot be considered as ‘Inventors’. Hence such organizations are eligible to apply for a patent under the Indian Patents Act, 1970, as assignees of inventors.
Customers may see a product as more valuable and more appealing when it has a patent on it. If your invention is used illegally, a patent will protect it against that. Your inventions are yours alone, so no one else will be able to copy them, manufacture, or sell them once they are already patented.
When valuing a product, patents are helpful. At such times, they are a great asset, especially if you plan to raise investment capital. We are providing Patent Registration to expecting clients in the matter of Patent Registration with GB Legal Associates. Our team consists of experts in this area.
GB Legal Associates offers its clients flawless patent registration in Mumbai services. At reasonable prices, we provide patent services in India to our clients,
which completely meet their expectations and requirements. Our patent registration, patent opposition, patent search, patent infringement, and international patent registration services are among the services we provide.
GB right combination of technical and legal qualifications. Invention specification drafts and analyses, prepare patent applications, files, and prosecutes patent applications.
Why GB Legal Associates?
As one of the most prominent Intellectual Property Law Firms in India, we offer a wide range of legal services. We provide a full range of Intellectual Property (Trademarks, Copyright registration in India, Patents, and Industrial Designs) and Brand Protection Services. A leading provider of legal and intellectual property services in India, it has a national network of branches. Providing quality client service is the focus of our team of more than 50 experienced and capable trademark patent attorneys in India, lawyers, patent analysts, experts, and support staff. We protect the intellectual property of international and national clients. In GB Legal Associates, the corporate culture is dynamic, which allows the firm to change and adapt to its client’s needs anywhere in the world, thus allowing the firm to expand overseas.
Counterfeiting continues to rise dramatically in both volume and sophistication around the world. Our team works around the clock to combat such threats posed to our clients, the real brand owners. We offer unparalleled protection from these unscrupulous counterfeiters and diverters by a team of tenacious, experienced professionals
GB Legal Associates’ trademark protection services extend to offering a complete range of IPR solutions, as well as online patent filing in India and e-commerce monitoring and analysis. Our team can help you find the most effective Intellectual Property (IP) protection strategies for your brand that fit your budget and meet your protection objectives.
Electronics/ Fashion/ Auto/ Pharmaceuticals consumers attach high importance to a brand’s quality, durability, and safety when buying products vital to their daily lives.
We provide comprehensive protection for a wide range of consumer brands to ensure that consumer confidence remains intact. By giving them an additional channel for communication, you will be able to build stronger relationships with your loyal customers.
- A Dedicated Expert Ie A Patent Attorney Will Be Assigned To You
- He Will Review Your Request And Perform A Thorough Search Of Our Database With The Help Of Your GB Legal Associates Legal Expert Ie A Patent Attorney.
- We Will Conduct A Comprehensive Review And Comparison Of The Work
- Our Discussion Will Include The Invention's Potential Applications Across Industries And The Advantages It Has Over Currently Available Products
What Are The Benefits Of Filing A Patent In India?
Innovation and invention are encouraged with patents. The event that the applicant has a patent ensures that competitors cannot copy, sell, or import the intellectual property without the owner’s permission. This way, the patent holder can protect his patent rights in support of the existing laws.
- You can license or sell patents in the same way that you can sell other types of property.
- It is also possible for the investor to transfer his or her rights.
- Brand perception can be improved by a patented product, which also allows a business to charge a premium.
- When a patent owner retains exclusive rights to an invention, they can use it for twenty years or more
