Patent can be Registered in India as per the Indian Patent Law. A patent can be registered by filing a patent application with the Indian Patent office. The patent application can be ordinary application, National phase application under PCT or a conventional application. Generally an ordinary application is filed with the Indian Patent office to obtain a patent. An ordinary application does not claim a priority from any other application.Further, after filing of a patent application, the patent application is examined by an examiner of the patent office. After examination of the application, a FER or first examination report is issued by the examiner containing a list of objections, to which an applicant or his authorized agent has to file a response. If needed, the examiner can call an applicant or his agent for a hearing. Once the examiner is satisfied with the response filed by an applicant, he may put the application in order for grant.
Benefits of Patent Registration
Process of Patent Registration
Documentation for Patent Registration
Prior art search is a process to find any evidence that there is a previous knowledge of the invention before date of filing of the patent application. To be patentable, the invention must be new and no prior art should exist
Why To Obtain Patent Registration
Only owners of registered patents are allowed to take action or sue for damages in case of patent infringement. Patent protection is not enforceable for inventions that are not registered.
Patent registration will provide a unique competitive edge for the business. Competitors will not be allowed to use the patented invention for similar goods or services.
Creation of Asset
Patent registration creates an intellectual property, which is an intangible asset for an organization. Registered patent is an intangible asset that can be sold, franchised or commercially contracted.
Global Patent Protection
A patent registration in India can be used as the basis for patent registration in other countries, if required. Foreigners and Foreign entities can also register a patent in India, if required.
20 Year Validity
Patent registrations in India are valid for 20 years from the date of filing of patent application, irrespective of whether it is filed with provisional or complete specification.
Special patent regime has been announced in the 2016 budget. Income from foreign use of patent developed and registered in India will be taxed at the rate of 10% only.
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