Patent Registration Services - Filingscenter

Secure Your Innovations with Expert Patent Registration Support

At A2Z FINEDGE, we understand the value of your ideas and inventions. Our team of experienced CAs, CSs, Advocates, Lawyers, and Patent Agents offers comprehensive assistance to help you register your patent and safeguard your intellectual property rights effectively.

What is Patent Registration?

Patent registration grants the inventor exclusive rights to their invention, preventing others from making, using, selling, or distributing the invention without permission. It provides legal protection under the Patents Act, 1970, ensuring that your innovation remains your competitive advantage.

Definition of a Patent

A patent is a legal document granted by the government to an inventor, providing exclusive rights over an invention for a specific period (usually 20 years). It safeguards new and useful processes, machines, manufactured articles, or compositions of matter.

Eligibility and Non-Eligibility for Patent Registration

What is Eligible for Patent Registration?

To qualify for patent registration, an invention must meet the following criteria:

1. Processes:
• A new and industrially applicable method of performing a specific task or function. For example, a unique chemical manufacturing process.
2. Machines:
• Devices or equipment with novel functionalities. For example, a newly designed medical apparatus.
3. Manufactured Articles:
• Tangible items produced through human effort, like a new type of tool or consumer product.
4. Compositions of Matter:
• Chemical compounds, mixtures, or formulas with unique properties. For instance, a new pharmaceutical compound.
5. Software Innovations:
• Software integrated with hardware demonstrating technical advancement, such as an AI-based navigation system.

What is Not Eligible for Patent Registration?

The following categories are excluded under the Patents Act, 1970:

1. Mathematical or Business Methods:
• Abstract concepts like algorithms or methods for conducting business are not patentable unless tied to a technical process.
2. Scientific Theories and Principles:
• Fundamental laws of nature, like Newton's Laws, cannot be patented.
3. Plants and Animals:
• Biological processes for reproduction and genetically modified organisms are excluded.
4. Discoveries:
• Finding something that naturally exists, such as a new species, is not patentable.
5. Aesthetic Creations:
• Artistic or literary works, including sculptures, paintings, and music, fall under copyright, not patents.
6. Inventions Contrary to Public Morality:
• Inventions that harm public health, safety, or the environment, such as biological weapons.
7. Software per se:
• Software without a specific technical application or hardware integration is not eligible for patent protection.
8. Traditional Knowledge:
• Knowledge already known or in use, like ancient herbal remedies, cannot be patented.

Benefits of Patent Registration

1. Exclusive Rights: Protect your invention from unauthorized use.
2. Monetization Opportunities: License or sell your patented invention for commercial gain.
3. Competitive Edge: Enhance your market position with exclusive innovation rights.
4. Global Recognition: Extend patent protection internationally under treaties like the Patent Cooperation Treaty (PCT).
5. Legal Enforcement: Seek legal remedies in case of infringement.

Patent Registration Process

1. Patent Search

• Conduct a comprehensive patent search to ensure the invention is novel and does not infringe on existing patents.

2. Drafting the Patent Specification

• Provisional Specification: For inventions in development, file a provisional application to secure an early filing date.
• Complete Specification: Submit a detailed application, including:
• Title of the invention.
• Background and summary.
• Detailed description with drawings or diagrams.
• Claims defining the scope of protection.

3. Filing the Patent Application

• File the application with the Indian Patent Office using the prescribed forms and documents. There are four Patent Office locations in India, and you can file based on the applicant's jurisdiction:
1. Delhi Patent Office: Covers Delhi, Haryana, Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, and Chandigarh.
2. Mumbai Patent Office: Covers Maharashtra, Madhya Pradesh, Chhattisgarh, Gujarat, Goa, and Daman & Diu.
3. Chennai Patent Office: Covers Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, and the Union Territories of Pondicherry and Lakshadweep.
4. Kolkata Patent Office: Covers Bihar, Odisha, West Bengal, Sikkim, Jharkhand, Assam, Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland, Tripura, and the Andaman & Nicobar Islands.
• Applicants can also file their applications online through the official portal of the Controller General of Patents, Designs, and Trademarks (CGPDTM).
• File the application with the Indian Patent Office using:

1. Form-1: Application for grant of patent.
2. Form-2: Provisional or complete specification.
3. Form-3: Statement and undertaking regarding foreign applications.
4. Form-5: Declaration of inventorship.

3. Chennai Patent Office: Covers Andhra Pradesh, Karnataka, Kerala, Tamil Nadu, Telangana, and the Union Territories of Pondicherry and Lakshadweep.
4. Kolkata Patent Office: Covers Bihar, Odisha, West Bengal, Sikkim, Jharkhand, Assam, Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland, Tripura, and the Andaman & Nicobar Islands.
5. Mumbai Patent Office: Covers Maharashtra, Madhya Pradesh, Chhattisgarh, Gujarat, Goa, and Daman & Diu.
• Applicants can also file their applications online through the official portal of the Controller General of Patents, Designs, and Trademarks (CGPDTM).
• File the application with the Indian Patent Office using:

• Form-1: Application for grant of patent.
• Form-2: Provisional or complete specification.
• Form-3: Statement and undertaking regarding foreign applications.
• Form-5: Declaration of inventorship.

4. Publication

• The application is published in the Official Patent Journal after 18 months from the filing date (can be expedited upon request).

5. Examination

• File Form-18 to request examination of the patent application.
• The examiner reviews the application for compliance with the Patents Act and issues an examination report.

6. Responding to Objections

• Address objections raised in the examination report by providing clarifications or amending the claims.

7. Grant of Patent

• Once all objections are resolved, the patent is granted, and the details are published in the Patent Journal.

Fees for Patent Registration

Note: The above fees are government fees. Additional professional fees may apply for drafting, filing, and handling objections.

Documents Required for Patent Registration

1. Application Forms:
• Form-1: Application for grant of patent.
• Form-2: Provisional or complete specification.
• Form-3: Statement and undertaking regarding foreign applications.
• Form-5: Declaration of inventorship.
• Form-18: Request for examination.
2. Proof of Ownership:
• Assignment deed or transfer document if the applicant is not the inventor.
3. Detailed Description of the Invention:
• Full specifications, claims, and necessary drawings or diagrams illustrating the invention.
4. Priority Documents:
• For international filings under the Paris Convention, certified copies of the priority application.
5. Power of Attorney:
• Required if the application is filed by a patent agent or attorney on behalf of the inventor.
6. Declaration of Inventorship:
• A signed declaration by the inventor(s) attesting to their contribution.
7. Technical Data and Experimental Results:
• Detailed data and results supporting the claims of the invention.
8. Abstract of the Invention:
• A concise summary of the invention, typically limited to 150 words.
9. Fee Payment Proof:
• Proof of payment for the applicable government fees.
10. Translation (if applicable):
• If any document is in a language other than English, a certified English translation must be submitted.

Validity of a Patent

A patent is valid for 20 years from the date of filing the application, subject to the payment of annual renewal fees. The validity and rights of the patent owner are contingent upon compliance with the following:

1. Maintenance of the Patent:
• Annual renewal fees must be paid to keep the patent active. Failure to pay may result in the lapse of the patent.
2. Scope of Protection:
• The patent grants the owner the exclusive right to make, use, sell, or distribute the invention within the territory where the patent is granted.
3. Post-Grant Opposition:
• Even after the grant, a patent can be challenged through a post-grant opposition if new evidence arises.
4. Restoration:
• If the patent lapses due to non-payment of renewal fees, restoration can be requested within a specified period under the Patents Act.

Patent Renewal and Its Process

Renewal of a patent is essential to maintain its validity and ensure the continuation of exclusive rights. Patents are valid for a period of 20 years, but they require annual renewal fees to be paid starting from the second year onward.

Key Steps in the Patent Renewal Process

1. Determine the Renewal Due Date:
• The first renewal fee is due at the end of the second year from the patent filing date. Subsequent fees must be paid annually.
2. Filing the Renewal Request:
• Submit the renewal request along with the applicable fees to the Indian Patent Office using Form-27.
3. Payment of Fees:
• Renewal fees vary based on the type of applicant (individual, small entity, or others). Late payment may incur additional charges.
4. Grace Period:
• If the renewal fee is not paid on time, a grace period of six months is allowed with an additional late fee.
5. Restoration of Patent:
• If the patent lapses due to non-payment, a restoration application can be filed within 18 months from the date of lapse, subject to justification for non-payment.
6. Issuance of Renewal Confirmation:
• Upon successful payment, a renewal confirmation is issued by the Patent Office.

Why is Renewal Important?

• Ensures the continuation of exclusive rights.
• Prevents third parties from using the invention.
• Maintains the enforceability of the patent in case of infringement.

Documents Required for Patent Renewal

1. Patent registration certificate (or patent number).
2. Completed Form-27 for maintenance of patent.
3. Proof of payment for renewal fees.
4. Justification documents for restoration, if applicable.

What Happens After Filing a Patent Application?

1. Patent Protection Begins:
• The applicant gains provisional rights from the filing date.
2. Publication:
• The application is made public, enabling third parties to oppose if necessary.
3. Examination:
• The Patent Office reviews the application for compliance and novelty.
4. Grant and Maintenance:
• After the grant, the patent is valid for 20 years, subject to annual renewal fees.

Difference Between Patent, Trademark, and Copyright

Why Choose A2Z FINEDGE for Patent Registration?

1. Expert Guidance:
• Comprehensive support from patent agents and legal experts.
2. Customized Solutions:
• Tailored services for individual inventors, startups, and corporations.
3. Seamless Process:
• From drafting to grant, we handle every stage of the process.
4. Transparent Pricing:
• No hidden charges, with clear communication on fees.
5. Global Patent Support:
• Assistance with international filings through PCT and other treaties.

Get Started Today!

Protect your innovation and secure exclusive rights with A2Z FINEDGE’s expert patent registration services.

Contact us now to begin your patent registration journey!