PATENT REGISTRATION
| Basic | Advance |
|---|---|
| ✔ Patent Search | ✔ Patent Search |
| ✔ Drafting Patent Application | ✔ Drafting Patent Application |
| ✔ Patent Application Filing | ✔ Patent Application Filing |
| ✔ Patent Examination | |
| ✔ Professional Consultancy |
Patent Registration
Patent Registration in India – Comprehensive Guide at Bharat eFiling Point
Patent registration in India is a legal process through which an inventor or assignee obtains exclusive rights over a new invention for a specified period, typically 20 years. This registration protects innovative products, processes, or technological advancements from unauthorized use, manufacturing, or sale by others, thereby fostering innovation and entrepreneurship in the country.
At Bharat eFiling Point, we simplify the patent registration process, helping inventors, startups, and businesses secure their intellectual property efficiently and effectively.
Key Points About Patent Registration in India:
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Exclusive Rights:
Patent registration grants the patent holder exclusive rights to use, manufacture, sell, or license the invention. No other party can exploit the patented invention without the holder’s consent. -
Protection Duration:
A patent in India is valid for 20 years from the filing date, subject to payment of renewal fees, providing long-term protection for your invention. -
Types of Patents:
Patents can be granted for products, processes, methods, or improvements that are novel, involve an inventive step, and are industrially applicable. -
Application Process:
The patent registration process involves filing a detailed application with the Indian Patent Office, examination, publication, and grant, which may take several years depending on the complexity. -
Legal Enforcement:
Patent registration provides the legal foundation to prevent infringement and take action against unauthorized use, ensuring your innovation is protected. -
Encourages Innovation:
By securing intellectual property rights, patent registration motivates inventors and companies to invest in research and development. -
Commercial Benefits:
Patents add significant value to a business, enabling licensing opportunities, attracting investors, and providing competitive advantage in the market. -
Global Protection:
Although patents are territorial, India’s patent registration can serve as a basis for filing patents in other countries under international agreements. -
Disclosure and Public Knowledge:
While protecting your invention, patent registration also contributes to the public knowledge base by disclosing technical details.
Advantages of Patent Registration in India:
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Exclusive market rights prevent competitors from copying or exploiting your invention.
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Boosts business credibility and brand reputation.
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Opens new revenue streams through licensing or selling patents.
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Encourages foreign investment and partnerships.
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Provides leverage in negotiations, mergers, or acquisitions.
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Strengthens overall intellectual property portfolio.
Trademark vs Patent vs Copyright
| FEATURES | TRADEMARK | PATENT | COPYRIGHT |
|---|---|---|---|
| What’s protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of protection | As long as the mark is used in commerce. | 20 years | Author’s life span+ 70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Documents Required for Patent Registration in India
To register a patent in India, the following documents are required:
- Application Form: A duly filled and signed patent application form (Form 1) is required, providing details such as the applicant’s name, address, and contact information.
- Provisional/Complete Specification: A patent specification document (Form 2) is required, describing the invention in detail, including its technical aspects, working examples, and any drawings or diagrams.
- Abstract of the Invention: A brief summary of the invention, highlighting its key features and benefits.
- Power of Attorney: A power of attorney (Form 26) is required if the patent application is being filed through a patent agent or attorney.
- Priority Document: If the application is based on a previous patent application filed abroad or under the Paris Convention, a priority document must be submitted.
- Declaration as to Inventorship: A declaration as to inventorship (Form 5) is required for applications with complete specifications or convention applications.
- Proof of Right to File Application: Proof of the inventor’s right to file the application, such as an endorsement at the end of the application or a separate agreement attached to the patent application.
- Request for Examination: A request for examination of the application for patent (Form 18) is required.
- Request for Publication: An optional request for publication (Form 9) if express publication is required.
- Fees: The requisite statutory fees must be paid through a cheque, demand draft, or online payment.
- Proof of Payment: A proof of payment of the requisite fees, such as a receipt or payment confirmation.
It is essential to ensure that all documents are complete and accurate, as incomplete or incorrect information may lead to delays or rejection of the application. It is advisable to consult with a patent attorney or expert to ensure that all documentation is accurate and complete to avoid any legal complications during the patent registration process.
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Patent Registration FAQ’s
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Patent Registration in State
Other Bharat eFiling Point – Trademark Services
Why Patent Registration in India is Important
Patent registration in India plays a crucial role in protecting inventions and promoting innovation. Here are the key reasons why patent registration is important:
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Exclusive Rights Protection:
A registered patent grants the inventor exclusive rights to manufacture, use, sell, or license the invention for up to 20 years. This exclusivity prevents others from copying, using, or profiting from the invention without permission. -
Encourages Innovation and Research:
By securing legal protection, patent registration motivates individuals and companies to invest time, effort, and resources into developing new technologies, products, or processes. -
Commercial Advantage:
Patents add significant value to a business, enabling owners to generate revenue through licensing deals, collaborations, or selling the patent. They also provide a competitive edge in the market. -
Legal Enforcement:
Patent registration provides the right to take legal action against infringement or unauthorized use of the invention, safeguarding the inventor’s interests. -
Attracts Investment and Funding:
A strong patent portfolio can attract investors and financial support, as it demonstrates innovation capability and business potential. -
Enhances Business Reputation:
Holding patents boosts the credibility and image of a company or individual as an innovator, helping to build trust with customers, partners, and stakeholders. -
Promotes Knowledge Sharing:
While patents protect the invention, they also require public disclosure of technical details, contributing to the advancement of science and technology. -
Supports Economic Growth:
Patents stimulate industrial growth by encouraging new product development, technological progress, and job creation.
