“Invention is the mother of Necessity”
Inventions and Discoveries emerges day to day which urges the need called – Patent. Yes, unique inventions of an individual should be protected by a protecting shield called patent. Patent registration is a right granted to a solitary inventor that allows them to deny all others from utilizing, creating, and trading their invention for 20 years. Comparatively, The patent holder is the sole person to use, sell and develop their product or process. Furthermore, your Invention is evaluated under Section 3 of Indian Patent Act. Three necessary parameters of an invention [ INI ]- Industrial Application, New, Innovation.
1) Industrial Application– In the first place, industrial application is applicable for industrial purpose.
2) New– Likewise, a patent registration should not be a replication of old documents; cannot be a part of “prior state of art”.
3) Innovation– fresh ideas and technical advancements in implementations
Specifications- Additionally, Once the invention is ready, the patent application should be drafted (i.e) it either undergoes Provisional specification or Complete specification.
Invention and Contents of Specification:
Patent registration follows Section 10 of the Patents Act, 1970, clearly defines the various contents of specification:
- Title of the patent invention
- Background of the invention
- Summary of the invention/ Object of the Invention
- Description if any of the patent drawings
- Description of the invention
- Patent Claims
- Patent Abstract of the disclosure
- Sequence listing, if any
Invention and its Provisional specification:
Moreover, This is usually filed when the invention is at concluding stage and the patent owner is yet to finalize it. Similarly, entire patent registration specifications of the innovation are required to be filed within one year of registering provisional specification. Moreover, absence of filing within one year leads to rejection of this specification. Of course, the primary purpose of filing provisional specification is to obtain (Priority date) earlier filing date.
Invention and its Complete Specification:
As the name indicates, it is the complete and finalized specification of the innovation. It is a techno legal document where the entire scientific and technical details of the invention is disclosed. Similarly, this plays a crucial role in the patent registration application.To point out the illustrations, description, claims and sequence listing are the vital components for a complete specification. Additionally, the ultimate goal behind the complete specification is that a skilled person may be able to understand and perform the invention at its best.
Types of patents:
Generally, patent are of three main types namely, Utility patents, Design patents and plant patents. Utility patent is grant to any inventors or discovers and their advantageous process or machineries, articles and any useful improvements. Uniquely, Design registration and patent is grant to anyone who invents a brand-new, authentic and exquisite architecture for a commodity of manufacture.Furthermore, Plant patents are granted to anyone who discovers regarding asexual reproduction and new variety of plants. Other types of patents furthermore are,
A) Provisional Application
B) Non- Provisional Application (Ordinary)
C) Convention Application
D) PCT International Application
E) PCT National Phase Application
F) Divisional Application
G) Patent of Addition
Identically, A temporary patent registration application filed during the invention is not the final version and is still under experimentation. Although, less expensive for preparation and filing of application to claim “Priority Date”. Even though it is provisional, sufficient amount of details must be drafted with utmost care to establish the rights that are anchored for your invention.
Non- Provisional Application (Ordinary):
Identically,an individual’s invention application for patent which is filed in the Patent Office without claiming any kind of concern or any resemblance to further application under progression is known to be a non- provisional application or an ordinary application.Therefore, it must be along with complete claims and specifications correspondingly.
The process of claiming a priority date based on similar application to get patent registration in the patent office is known as convention application. As a matter of fact, to obtain convention status, an inventor should file the application in the Indian Patent Office within 1 year from the date of first filing.
PCT International Application:
PCT stands for Patent Cooperation Treaty. This application is govern under Patent Cooperation Treaty and can be able to uphold 142 countries. Likewise, A sole international patent filing is to bound protection for an inventors invention all over the world. Additionally, the priority date is recognized internationally that has a great impact in all designated countries. Moreover, the PCT application facilitates and delays the process of filing a patent application.
PCT National Phase Application:
Likewise, The Patent Cooperation Treaty of national phase filing is in front of the controller in the Indian Patent Office which claims the priority and international patent filing date called PCT national phase application. Subsequently, An inventor or an applicant can file the national phase application in India within 31 months from the international filing date or the priority date correspondingly.
In particular, Patent registration is a application which contains matter from a previously filed application (i.e) parent application. In the same way, this application allows an inventor to divide an application for patent purpose because the authentic application attempts to claim diverse inventions synchronously.
Patent of Addition:
Simultaneously, As a matter of fact, when a patent registration applicant sense that He/ She come across a slight modification of the invention for which they applied already or has obtained patent, they can proceed with Patent of Addition. Regardless, There is no need to pay independent renewal fee for the patent of addition correspondingly.
Stages involved in obtaining a patent:
1] First, Filing of the application (with complete specification or provisional specification)
2] Secondly, Journal publication ( to oppose third party)
3] Thirdly, Application examining ( evaluation according to law)
4] Examination report reply ( observance to objections)
5] Acceptance or Rejection
6] Grant of Patent to the applicant.
Procedure for grant of a patent in India (Laws of Patent):
Normally, Filing of patent application for grant of patent, pre-grant opposition and post-grant opposition, some grounds of opposition, term of patent, payment of renewal fee, restoration of patent, patent of biological material in IDA (International Depository Authority) located in India at chandigarh known as Institute of Microbial Technology(IMTECH). One of the most essential aspect of Indian Patents Act, 1970 is compulsory licensing. comparatively, And finally infringement of patent(i.e) intrusion or violation of the rights of the patentee, licensing and assignment of patent is the final segment of granting the patent.
Inventions that are not patentable:
- A mechanism of agriculture or in addition with horticulture,
- Medical analysis proceedings of humans and animals,
- A mathematical, business method or a computer program,
- General schemes or moreover guidelines,
- However,conventional Intelligence and matters that are subject to literary, dramatic, melodic and imaginative works are not patentable.
We are also available in Bangalore by providing multiple services like Legal Metrology, Trust and society formation registrations and IE code registrations.
“We love patents, but not completely;
all of us trust in new patents, yet not to be endlessly;
We value our beloved patents, still not to the cost of our core values; and
We are serious about patents, but saving life always comes first”
“However, Grant is the intro of the Patent Game, not its end!!”