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
A patent search can provide several benefits
- 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
- You grant others the exclusive right not to reproduce, manufacture, market, sell, or import your innovation without your permission when you register your innovation.
Documents Required for the Filing of a Patent in India
Here is a list of documents that are required when you need to perform the procedure of Patent Filing in India….
- Detailed specification (in English)
- Inventors’ names, addresses, and nationalities
- Details about the applicants, including name, address, and nationality
- An attorney’s power of attorney (used when a patent agent applies)
- (If the inventors are not the applicants) A deed of assignment or an application form signed by the inventors.
- (Information and commitment under section 8): Details of applications filed in other countries
- Translated priority application into English (for conventions)
- For applications in the national phase only, the applicant can have the PCT translation completed by an agent who can verify the English translation on the applicant’s behalf.
- If requested by the controller, a certified copy of the priority application (needed usually for convention applications, but can also be needed if the priority document was not filed with the international bureau)
- If applicable, an electronic version of the sequences should be provided (printed forms are not required.)
- The National Biodiversity Authority needs to grant permission for the use of biological material from India in the invention.
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.
How GB Legal Associates Carries Out the Patent Search Process?
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.
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.
What are the benefits of filing a patent in India?
Here are the benefits of filing a patent registration 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
How do patent applications get filed?
You can file for a patent registration of an invention alone or jointly with another person if you are one of the following people:
- Owner of the patent and the first assignee of the inventor
- His/her agents are the representatives of the deceased inventor who is the true and first inventor
- The Patent Act defines a “person” as any natural person, company, or association, or body of individuals, or government body, regardless of its legal structure.
- A firm that is a proprietorship should apply the name of the proprietor.
- A patent application must include all personally responsible partners in partnership firms.
- In addition to a legal entity, an assignee can also be someone other than a legal entity, like a natural person, an LLP, a Section 8 company, a government entity, or even a registered company.
- To file a patent application, the applicant must provide the name, address, and nationality of the real and first inventor.
Is there anything that can be patented?
Technically sound and must demonstrate the following:
There is no publication in India or anywhere else about the subject matter disclosed in the specification before the patent application is filed in India.
Based on prior publications, knowledge, or documents, a person of skill in the art would be unable to discover the invention.
An invention must be useful to the industry in which it be made or used