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PATENT REGISTRATION IN INDIA

An applicant for a patent can protect an invention in India, by filing an application for a patent in India or patenting it in India. Patent registration in India will help a patentee to enjoy and exercise his monopoly rights bestowed by the Indian patent law. A patentee can commercialize the patented product in India and can earn monetary profits for term of 20 years.

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Patent Registration in India

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

01
Patent grants exclusive right to commercially exploit the rights over an Invention
02
Inventor can assign his rights in favour of another person against consideration
03
having patent on invention make chances of getting designated as startup high
04
Exclude all others for using, selling, offering for sale your invention in your country
05
Having patents help you in raising finance as investor values it

Process of Patent Registration

01
Write down your invention (idea or concept) in maximum detail possible
02
Use drawings, diagrams, sketches to explain how Invention works
03
Check if the invention is patentable or not in terms of the Patent Act
04
File the patent application with specification, drawings and Claims to government
05
Patent office to examine the application and if found in order will advertise it for grant of patent

Documentation for Patent Registration

01
Authorisation to patent attorney to file for patent in India
02
Fill the patentquestionnair, where information is collected for making the application
03
Drafting of specification in great detail so that any other person of same skill can perform it
04
Declaration of Inventorship to be signed by the Inventor
05
In case of International application, the prior art documents

Procedure for Obtaining Patent in India

STEP 01
Prior Art Search

Trade Mark register is open for public to inspect, nowadays it is available online at www.ipindia.gov.in . As the trademark registration can be done in several classes it is advisable to do a thorough search in all possible classes, we strongly recommend an attorney report for trademark search. Out trademark attorney report is priced at Rs. 3500/- per mark

 Prior Art Search
STEP 02
Provisional Application Filing

We strongly recommend to file a provisional application of Patent immediately after the invention is conceived. So, that even if it is leaked it should not create prior art against the invention being applied. The provisional application must contain the maximum possible disclosure of the invention.

Provisional Application Filing
STEP 03
Complete Specification Filing

Within 12 months of filing the provisional application the complete specification must be filed with drawings and claims of the invention. The final specification must be search with which a person of same skill can perform the invention.

Complete Specification Filing
STEP 04
Patent Examination

After filing the complete specification, a request for examination of Patent must be filed. There is an alternate method for express examination of Patent. After examination, the patent examiner comes up with report which may be favourable or with objection.

Patent Examination
STEP 05
Patent Publication

Once a favourable examination report is issued the application can be advertised, however for that a request has to be made after expiry of 18 months. However, an early publication request can be made to the patent office. So, that it is advertised within 4-5 months.

Patent Publication
STEP 06
Patent Granted

After three months of the publication of the trademark in the Trade Marks Journal, the application is processed provided there is no third party opposition to it. Trademarks Registry will accordingly issue a registration certificate. Term of Trademark Registration Trademark protection in India is perpetual subject to renewal of the registration after every 10 years.

Patent Granted

Simple & Transparent Pricing for Patent Registration

(Service Tax @ 15% on Professional Fee Extra to be billed on Actual Basis)

How Fee of 43300 is arrived !

  • S No.
  • 1
  • 2
  • 3
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  • Expense Head for Patent Registration
  • Professioanl Fee
  • Government Filing Fee
  • GST @ 18% on Prof Fee
  • Total