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Registration of Patents under the Patents Act, 1970 and Patents Rules, 2003 (Laws of India).
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....egistration of Patents under the Patents Act, 1970 and Patents Rules, 2003 (Laws of India).<br>By: - YAGAY andSUN<br>Other Topics<br>Dated:- 1-5-2025<br>A patent is a legal right granted to the inventor for a novel invention, which provides the inventor exclusive rights to prevent others from making, using, or selling the invention without permission. In India, the Patents Act, 1970 governs the registration and protection of patents. Patent Registration Process in India: The process for registering a patent in India involves several steps, as detailed below: Step 1: Determine Patentability * Eligibility: The invention must fulfil certain criteria to be eligible for patent protection: * Novelty: The invention must be new and not d....
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....isclosed in any prior art (public knowledge). * Inventive Step: The invention must involve an inventive step that is not obvious to someone skilled in the relevant field. * Industrial Applicability: The invention must be capable of being used in some kind of industry or manufacturing process. Step 2: Patent Search * Purpose: Conduct a patent search to check whether the invention is novel and non-obvious. A thorough search of the existing patent database helps identify whether similar inventions already exist. * Where to Search: You can search the Indian Patent Advanced Search System (InPASS) or hire a professional patent attorney to conduct a more detailed search. Step 3: Preparation and Filing of Patent Application * ....
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....Who Can Apply: The patent application can be filed by the inventor or an authorized agent (e.g., a patent attorney). * Types of Patent Applications: * Provisional Application: A provisional application is filed when the invention is not yet complete, to establish an early filing date. * Complete Application: A complete application is filed once the invention is fully developed and the detailed specification is ready. * Documents Required: * Title of the Invention. * Full Description of the Invention (including drawings, if applicable). * Claims that define the scope of the invention. * Abstract summarizing the invention. * Form 1 (Application for Patent) and Form 2 (Provisional/Complete Specification). ....
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....* Power of Attorney (if an agent files the application). Step 4: Examination of the Patent Application * Purpose: After filing, the application is examined by a Patent Examiner from the Indian Patent Office. The examiner will check if the application complies with the requirements of the Patents Act, 1970. * What Happens: * Publication: After 18 months from the priority date (filing date), the application is published in the Patent Journal. If the applicant requests early publication, it can be done within one month. * Examination Request: The applicant must file a request for examination (Form 18) within 48 months from the priority date. The examination is not automatic and must be requested. * Examination Report: Th....
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....e examiner issues a First Examination Report (FER), which lists objections (if any) related to novelty, inventive step, or other patentability criteria. Step 5: Reply to Examination Report * Purpose: If there are objections in the FER, the applicant has an opportunity to respond and overcome the objections. * What Happens: * The applicant may amend the claims or provide arguments to address the objections. * If the examiner is satisfied with the response, the application moves forward. If not, the application may be rejected. Step 6: Grant of Patent * Purpose: Once the objections are resolved and the application is found to meet the requirements of the Patents Act, the patent is granted. * What Happens: * The P....
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....atent Office issues a Patent Grant Certificate. * The patent is then registered and published in the Patent Journal, and the applicant is granted exclusive rights to the invention for 20 years from the filing date. Step 7: Post-Grant Opposition (if any) * Purpose: After the grant of a patent, any interested person can file an opposition within 1 year of the patent grant. * What Happens: * The opposition can challenge the validity of the patent on various grounds (e.g., lack of novelty, obviousness, etc.). * If the opposition is successful, the patent may be revoked or amended. Step 8: Maintenance of Patent * Purpose: The patent owner must pay annual maintenance fees to keep the patent in force. * What Happens: ....
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.... * The first maintenance fee is due 2 years from the date of filing, and subsequent fees must be paid annually to keep the patent valid. * If the maintenance fees are not paid, the patent may lapse. Flowchart of the Patent Registration Process in India +-----------------------------+ | Step 1: Determine Patentability | | - Ensure the invention is novel | | inventive, and has industrial | | applicability. | +-----------------------------+ | v +-----------------------------+ | Step 2: Patent Search | | - Conduct a patent search to | | ensure no prior a....
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....rt exists. | +-----------------------------+ | v +-----------------------------+ | Step 3: File Patent Application| | - File provisional or complete | | application along with all | | required documents. | +-----------------------------+ | v +-----------------------------+ | Step 4: Examination of the | | Patent Application | | - Patent examiner reviews the | | application and issues an | | examination report. | +-----------------------------+ | v +------------------....
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....-----------+ | Step 5: Reply to Examination | | Report (if applicable | |Respond to objections, amend| | claims or provide arguments.| +-----------------------------+ | v +-----------------------------+ | Step 6: Grant of Patent | |If all objections are resolved| | a patent is granted. | +-----------------------------+ | v +-----------------------------+ | Step 7: Post-Grant Opposition| | - If applicable, opposition | | may be filed within 1 year.| +-----------------------------+ | v +-----------------------------+ | Step 8: Maintenance of Patent| | - Pay annual maintenance fees| | ....
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....; to keep the patent active. | +-----------------------------+ Key Points to Remember: * Novelty & Inventive Step: A patentable invention must be novel and non-obvious, meaning it should not be part of the existing body of knowledge. * Request for Examination: The application is examined only after the applicant files a request for examination. Without this request, the application will not be examined. * Opposition: After a patent is granted, anyone can oppose the grant within 1 year on legal grounds. * Patent Term: A granted patent lasts for 20 years from the filing date, after which the invention falls into the public domain. * Maintenance: Annual fees must be paid to keep the patent alive, starting from the s....
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....econd year. Conclusion: The process of patent registration in India provides legal protection to inventions and allows the inventor exclusive rights to their invention. Following the procedure carefully is essential for obtaining patent rights and ensuring the protection of your intellectual property. ***<br> Scholarly articles for knowledge sharing by authors, experts, professionals ....