Patent Registration Online in India

Patent registration is the legal process through which an inventor obtains exclusive rights to their invention for a specified period, usually 20 years from the filing date in India. A patent prevents others from manufacturing, applying, selling, or importing the patented product or process without the owner's permission.

This legal process ensures an invention is new, involves an inventive step, and is capable of industrial application, granting the owner legal ownership. In short, a patent protects the way an invention works, process, or method of manufacture.

Types of Patents Available for Registration in India

While the Indian Patents Act, 1970 does not explicitly categorize patents into specific types, patentable inventions can generally be divided based on their nature, such as:

1. Product Patents

Product patents are granted for new, useful, and inventive physical items. These can include machines, devices, tools, pharmaceutical compositions, or chemical compounds.

• Example: A new drug formulation or a multi-functional mechanical device.

2. Process Patents

A process patent protects a new and original method of creating something, usually related to manufacturing or production. The focus is on the steps or techniques, not the end product.

• Example: A unique method for purifying water or producing eco-friendly plastic.

3. Biotechnology Patents

These patents cover innovations involving biological materials or processes. This can include genetically engineered microorganisms, biotechnological production techniques, or bio-based chemical processes.

• Example: A genetically modified microorganism that helps clean oil spills.

4. Software-Related Inventions (With Hardware)

In India, you can't get a patent for software by itself. But if the software works together with special hardware or helps solve a technical problem, it might be allowed.

• Example: A traffic control system that uses both software and special devices to manage traffic better.

Note: To be patentable, the software must be part of a technical solution to a problem and not merely an algorithm or business method (excluded under Section 3(k)).

What Legal Rights Do You Get with a Patent?

A patent gives the owner a powerful set of legal rights. The patent registration in India grants you the exclusive right to control your invention. This means you can stop others from:

• Making the patented invention.
• Using the patented invention.
• Offering for sale or selling the patented invention.
• Importing the patented invention into India.

These rights allow you to have full control over your invention for 20 years from the filing date, giving you a strong competitive advantage.

In India's fast-changing market, getting a patent is a smart business move that turns your invention into a valuable and legally protected asset. Key advantages of patent registration are:

Legal Protection

• Exclusive Rights: Registration gives the patent owner the sole right to use the invention in India for 20 years.
• Right to Sue: It gives you the legal power to take action against anyone who copies your patent.

Commercial Value

• Earning Revenue: A patent can be licensed to other companies for royalty payments or sold for a one-time payment.
• Increased Company Value: A strong patent portfolio makes a company more valuable to investors, partners, and buyers.

Brand Identity

• Competitive Edge: A patent can make it hard for competitors to enter the market.
• Building Trust: Owning a patent shows you are innovative and an expert, which improves your brand's reputation.

Sustainable Growth

• Appeals to Investors: A patented invention serves as a valuable asset, making the business more attractive to potential investors.
• Confidence to Expand: With patent protection in place, companies can confidently invest in marketing, production, and growth without fear of imitation.

Challenges in the Patent Registration Process

While getting a patent is very valuable, the process can have its challenges:

• Long Process: The registration process can take 3 to 7 years or even longer, depending on its complexity.
• Expensive: Besides government fees, you may need a patent professional to handle the complex application process, which increases the overall cost.
• Complex Process: The steps are technical and require careful attention to detail. Mistakes in the application can lead to rejection.
• Detailed Paperwork: You need to prepare very specific documents that fully explain your invention in a way that meets all legal rules.

However, by hiring a qualified patent agent or seeking expert guidance, these challenges can be effectively managed and the process made much smoother.

Under India's Patents Act, 1970, the following individuals or entities can file a patent application:

1. The True and First Inventor

The primary individual eligible to file a patent is the person who conceived and developed the invention.

2. The Assignee of the Inventor

An inventor can legally assign (transfer) their right to apply for a patent to another person or company. The assignee can then file the patent application in their name. This is common in corporate environments where employees assign invention rights to their employer.

3. The Legal Representative of a Deceased Inventor

If the inventor passes away before filing a patent, their legal heir or representative can apply on their behalf.

4. Joint Applicants

A patent application can be filed jointly by more than one person or entity. This can include:

• A group of two or more inventors.
• The inventor(s) filing together with their assignee(s).

5. Foreign Nationals or Entities

A person or company from any country can apply for a patent in India. Foreign applicants have the same rights and must follow the same registration process as Indian citizens.

In India, protecting an invention through a patent is governed by specific eligibility requirements outlined in the Patents Act, 1970. The authority responsible for overseeing patent matters in India is the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM).

The three essential criteria for patentability:

1. Novelty

An invention must not already exist in the public domain or be part of the existing body of knowledge, known as "prior art." Prior art includes any publications, documents, public uses, or disclosures of the invention. An invention is deemed novel if it has not been made available to the public anywhere in the world before the patent application’s filing date.

2. Inventive Step (Non-Obviousness)

For an invention to qualify, it must not be obvious to someone skilled in the relevant technical field. It should represent a meaningful technical improvement or offer economic value beyond existing knowledge. Simply combining known elements or making minor tweaks usually does not meet this requirement.

3. Industrial Applicability

The invention must be capable of being produced or used in the relevant industry. This means it must have a practical use, be reproducible, and not be just a theoretical or abstract idea.

Inventions Eligible for Patent Protection in India

To apply for a patent, your invention must be a new product or process. This includes:

• A Process or Method: A new way of making something or a new technical process.
• A Machine: A new device or apparatus.
• An Article of Manufacture: A product that has been made, like a tool or a component.
• A Composition of Matter: A new chemical compound or mixture of ingredients, such as a pharmaceutical drug.
• Additional: An improvement or changes to any of the above.

What Cannot Be Patented in India?

According to Sections 3 and 4 of the Indian Patents Act, 1970, you cannot get a patent for certain things, including:

• Frivolous (useless) inventions or those contrary to well-established natural laws.
• Scientific principles or theories, discoveries of new scientific principles, or abstract theories.
• The mere discovery of any living or non-living substance occurring naturally on the earth or in nature (Section 3(b)).
• A new form of a known substance that does not enhance its efficacy (Section 3(c)).
• A mere discovery of a new property or new use for a known substance (Section 3(d)).
• Substances obtained by mere admixture resulting only in the aggregation of properties of components (Section 3(e)).
• Methods of agriculture or horticulture (Section 3(j)).
• Biological processes for the production or propagation of plants or animals, except microbiological processes (Section 3(k)).
• Processes for medical, surgical, curative, prophylactic, diagnostic, therapeutic, or other treatment of humans or animals (Section 3(i)).
• Computer programs per se (by themselves) and business methods (Section 3(k)).
• Literary, dramatic, musical, or artistic works, which are protected under copyright law, not patent law.
• Inventions prejudicial to public order, morality, or health (Section 3(f) and 3(j)).
• Inventions related to atomic energy as governed by separate laws (Section 4).
• Traditional knowledge or knowledge from biodiversity (Section 3(h)).
• Methods of playing games or algorithms without technical application (covered under computer programs and abstract ideas).

Submitting a correct and complete set of documents is crucial for a successful patent application. The key documents required for patent registration are divided into several parts:

1. Application and Declarations

• Form 1 (Application for Grant of Patent): This form includes details about the inventor(s) and applicant(s), such as their names, addresses, and the invention’s title. If you’re claiming priority based on an earlier application filed abroad, this must also be mentioned.
• Form 5 (Declaration of Inventorship): This document declares who the original inventors are. It must accompany the complete patent application or be submitted within the deadline set by the patent office.
• Form 3 (Statement and Undertaking): This form provides information about any corresponding patent applications filed in other countries and requires periodic updates as necessary. It should be filed within six months of the initial application, if applicable.
• Form 26 (Power of Attorney): Required only if you appoint a patent agent or attorney to represent you. This form authorizes them to act on your behalf.
• Proof of Right to Apply: If the applicant is not the inventor (for example, a company filing on behalf of an employee), you need to submit a document such as an assignment deed or a No Objection Certificate (NOC) from the inventor.
• Startup/Small Entity Certificate: Startups or small businesses seeking reduced fees must provide valid certificates like DPIIT recognition or MSME registration, which should be current at the time of filing.

2. The Patent Specification (Form 2)

This document details the invention thoroughly to enable someone skilled in the field to understand and reproduce it. You may submit:

• Provisional Specification: An initial document to secure the filing date. A complete specification must be submitted within 12 months, or the application will be considered withdrawn.
• Complete Specification:

This detailed document contains:

• • Title: A brief and clear name of the invention.
  • Field of Invention: The technical area to which the invention belongs.
  • Background: Explanation of existing technologies and the problems the invention solves.
  • Summary: A concise description of the invention and its advantages.
  • Detailed Description: A thorough explanation, including examples and drawings, describing the best way to carry out the invention.
  • Claims: Numbered statements that define the scope of legal protection sought. This section is critical from a legal perspective.
  • Abstract: A summary (about 150 words) highlighting key technical points of the invention.
  • Drawings: Clear, properly formatted illustrations, if applicable, that visually explain the invention.
  • Sequence Listing (if applicable): For inventions involving biological sequences, a specific sequence listing must be submitted according to patent office guidelines.

3. Additional Documents

• Request for Examination (Form 18): You must file this form to request examination of your patent application within the prescribed timeframe.
• Priority Documents: If you claim priority based on an earlier application filed abroad, you need to provide certified copies of those priority documents within three months of filing the Indian application.
• Assignment or Licensing Agreements: If there has been a transfer or license of rights after filing, submit the relevant agreements.
• Statement of Inventorship and Authorization (Form 21): Use this if there are any changes in inventorship or applicant details during the application process.

The patent registration process in India follows several key steps:

Step 1: Patentability Search

Before filing a patent application, it’s advisable to perform a thorough search for existing patents, publications, or products related to your invention. Although not mandatory, this search helps ensure your invention is unique and inventive, potentially saving you from wasted effort and expenses on an application that might be rejected for lack of novelty.

Step 2: Draft the Patent Application (Specification)

Drafting your patent application is a crucial phase that requires precision. It’s recommended to seek professional assistance because poorly drafted applications can weaken your patent rights or lead to refusal. You can choose to file:

• Provisional Patent Application (PPA): A simple initial filing that secures your filing date but doesn’t require detailed claims. This gives you 12 months to submit the complete application.
• Complete Application: This is a detailed document including full descriptions, drawings, and specific claims defining your rights. You can file this directly if your invention is fully ready.

Step 3: File the Patent Application

Submit your application to the Indian Patent Office either online or offline, along with the necessary filing fees (Rs. 1,600 for individuals and startups/small entities, Rs. 8,000 for large companies). Once filed, you’ll receive a filing date and an application number, which establishes your priority.

If you want patent protection in other countries, you may consider filing an international application under the Patent Cooperation Treaty (PCT).

Step 4: Publication of the Application

Your patent application will be made public after 18 months from the earliest filing or priority date unless you request early publication by filing a specific request. After publication, the public can view your invention details and may oppose the application within a defined period.

Step 5: Request for Examination (RFE)

The Patent Office will not examine your application on its own. You must formally ask for it by filing a Request For Examination (RFE) using Form 18. You have 48 months from the filing date to do this. Once you file the RFE, your application is placed in a queue for a patent examiner to review.

Step 6: Respond to the Examination Report

An examiner will check your application to see if it meets all the requirements of the Patents Act (novelty, inventive step, etc.). The examiner will then issue a First Examination Report (FER), listing any objections. You will be given a chance to respond to these objections. You must provide clear arguments or amend your claims to satisfy the examiner.

Step 7: Grant of Patent

If you successfully overcome all the objections, the Controller of Patents will grant the patent. The grant will be announced in the Patent Office Journal, and you will receive the official patent registration certificate. This certificate is the legal proof that you are the owner of the invention and have exclusive rights for 20 years from the filing date.

The cost of registering a patent in India varies based on factors such as the type of applicant and whether you hire a professional, like a patent agent or attorney. Below is a detailed overview:

1. Government Fees

The government fees for patent registration in India depend on the applicant:

Note: The total amount may vary depending on additional services requested (e.g., early publication, expedited examination), specific procedural requirements, or changes in government fee structures.

2. Professional Fees (Patent Agent or Attorney)

The charges for professional assistance vary depending on the complexity of the invention and the expertise of the patent practitioner. Typical costs include:

Careful planning and choosing the right support can help make the patent process efficient and cost-effective.

Penalties for Patent Infringement

If a patented invention is used, made, sold, or distributed without the patentee's permission, the patent holder is entitled to take legal action under Indian patent law.

Legal Remedies (Under Section 108 of the Patents Act, 1970):

• Injunction: The court may prohibit further use or production of the patented invention.
• Damages: Compensation can be awarded to cover financial losses suffered due to infringement.
• Account of Profits: The court may direct the infringer to surrender profits earned from unauthorized use.

Other Legal Penalties

• False Representation of Patent Rights (Section 120): Anyone who falsely claims an invention is patented (when it is not) may be fined up to Rs. 1,00,000.
• Unauthorized Use of Patent Office Marks or Documents (Section 118): Misusing official forms, seals, or documentation may attract a fine up to Rs. 1,00,000.

Note: While patent infringement in India usually results in civil liability, repeated or willful violations may lead to stricter enforcement and higher compensation.

The process of registering a patent in India usually takes around 3 to 7 years. This timeline includes filing the application, examination by the patent office, responding to any objections, and finally, the grant of the patent. The time may vary depending on the complexity of the invention and how quickly you respond to the patent office’s queries. Once granted, a patent is valid for 20 years from the date of application.

Maintaining your patent rights requires you to comply with renewal deadlines and understand the conditions for restoration and cancellation.

Renewal Process

A patent in India must be renewed annually to remain valid for the entire patent term, which lasts for 20 years from the filing date.

• Renewal fees must be paid starting from the third year onwards (i.e., at the end of the second year).
• The renewal must be made each year before the expiry of the previous renewal period.
• Payment is made by submitting Form 4 to the Indian Patent Office along with the prescribed renewal fees.
• It is possible to pay renewal fees in advance for multiple years (up to five years at a time).

Delay in Patent Renewal (Restoration)

If the renewal fee is not paid on time, the patent will lapse, meaning it ceases to have legal effect. However, there is a provision for restoring a lapsed patent:

• An application for restoration can be filed within 18 months from the date the patent lapsed.
• The applicant must provide a statement explaining that the delay was unintentional.
• All overdue renewal fees and additional restoration fees must be paid.
• Restoration is subject to approval by the Patent Office. Once restored, the patent resumes its legal protection as if it had not lapsed.

Cancellation or Revocation of a Patent

A granted patent can be challenged and potentially revoked if it fails to meet the legal requirements for patentability.

Common grounds for revocation include:

• The invention is not new (lack of novelty).
• The invention does not involve an inventive step (obviousness).
• The invention is not patentable under the law (for example, it falls under excluded categories).
• The patent was obtained through fraud or false representation.
• The invention was already publicly known or published before the patent application.
• The patentee has failed to disclose necessary information or has violated any legal requirements.

Revocation petitions can be filed by any interested party, including competitors or the government, and are usually handled by the High Courts or the Intellectual Property Appellate Board (IPAB), which has now been merged with the High Courts.

The Patent Registration Certificate is the official legal document confirming your ownership of the invention. It provides you exclusive rights, licenses your invention, or uses it as a valuable business asset. To get this Certificate, you need to apply for a patent with the Indian Patent Office and follow the process until your patent is approved. After approval, the office will give you the certificate as proof that the invention belongs to you.

Key Aspects of the Certificate

The patent certificate contains important details that officially recognize and protect your invention, including:

• A unique identification number assigned to the granted patent.
• The official name of the invention is registered.
• The date on which the patent was officially granted by the patent office.
• The individual or organization to whom the patent rights are granted.
• Specifies the country or region where the patent is valid.
• The duration for which the patent protection is valid, usually 20 years from the filing date.