Get Patent Registration with IndiaFilings

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IndiaFilings is your trusted partner in safeguarding intellectual innovations and guiding you on how to apply for patent in India. The patent registration process in India can be intricate, but with IndiaFilings, it’s simplified. Our expert team, proficient in the Indian patent system, provides comprehensive assistance, ensuring your application is compliant and robust, all with affordable patent registration fees. Choose IndiaFilings to transform your innovative concepts into protected assets and navigate the complexities of the patent application seamlessly.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another.	Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	Author’s life span+ 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.

Patent Registration FAQ’s

What is a Patent?

A patent is a legal document granting exclusive rights to inventors to protect their innovations, preventing others from using, selling, or making the invention without permission.

What is Patent Registration?

Patent Registration is the formal process of obtaining exclusive rights for an invention, whether it’s a product, service, or technology, giving the inventor control over their creation for a certain period. Our IndiaFilings experts helps you with the registration process with minimal patent filing fees.

What can be patented in India?

In India, patents can be granted for products, processes or methods, machines, manufactured goods, chemical formulations, biotechnological inventions, and certain software and digital innovations.

What cannot be patented?

Non-patentable items include inventions against natural laws, harmful to life or environment, basic scientific principles, natural substances, obvious inventions, and items specifically excluded by the Patent Act of 1970.

Why is Patent Registration important?

Patent Registration provides legal protection, enables licensing or selling, offers 20 years of protection, gives a competitive edge, and turns an idea into a tangible asset.

What are the requirements for a patent application?

An invention must be novel, involve an inventive step, and be industrially applicable to be eligible for a patent in India.

How long is a patent valid in India?

A registered patent in India is valid for 20 years from the filing date of the application.

What documents are needed for patent registration?

Required documents include the patent application (Form-1), complete or provisional specifications (Form-2), statement and undertaking (Form-3), inventor’s declaration, proof of right, power of authority (Form-26), priority documents, and permission from the National Biodiversity Authority if applicable.

How to File a Patent in India?

The process of how to file a patent in India includes conducting a patent search, drafting the patent specification, filing the patent application, publishing the patent for opposition, and undergoing examination and potential grant of the patent.

Where do you file a patent application in India?

Patent applications are filed at the appropriate patent office based on the applicant’s location, place of invention origin, or service address in India, with offices in Mumbai, Delhi, Chennai, and Kolkata catering to different regions.

What is the process for patent renewal in India?

Patents must be renewed annually by the patentee, with renewal applications and fees submitted to maintain the patent’s active status.

How can a lapsed patent be restored?

To restore a lapsed patent, file a restoration application (Form-15) within 18 months of lapse, providing a statement of circumstances and paying the restoration fee, subject to the Controller’s satisfaction.

How does IndiaFilings assist with patent registration?

IndiaFilings simplifies the patent registration process with expert guidance and affordable patent filing fees, ensuring compliance and protection of your innovations, from application to renewal.

What is the patent registration fees in India?

The patent registration fees in India varies based on the type of patent application, professional fees, and any additional costs for drawings, translations, or priority document procurement.

Can foreign applicants file for patents in India?

Yes, foreign applicants can file patent applications in India and are required to provide an address for service within India.

What is the role of a patent agent?

A patent agent is a qualified professional who can represent the applicant before the Patent Office, assisting in the preparation and filing of patent applications.

What is the difference between a provisional and a complete specification?

A provisional specification outlines the nature of the invention, while a complete specification provides detailed information, including claims defining the scope of the invention.

What is the patent examination process in India?

After filing, a patent application undergoes a formal examination, followed by a substantive examination upon request, to assess the invention’s patentability.

Can a patent application be rejected?

Yes, a patent application can be rejected if it does not meet the necessary patentability criteria or if objections raised during the examination are not adequately addressed.

How can I search for existing patents?

You can search for existing patents in the public database available on the IP India website .

What are the steps involved in the patent registration process in India?

The patent registration process in India involves several key steps: First, conduct a patent search to ensure your invention is novel. Next, draft a complete or provisional specification detailing your invention. Then, file the patent application using Form 1 and submit the required documents. After filing, the application is published, and you must request an examination within 48 months. Finally, respond to any objections raised by the patent examiner before receiving the patent grant.

What documents are required for patent registration in India?

To register a patent in India, you need to typically submit several documents, including: Form 1 (Patent Application), Form 2 (Complete or Provisional Specification), Form 3 (Statement and Undertaking), Form 5 (Declaration of Inventorship), and any necessary proof of assignment if applicable. Additionally, if filed through a patent agent, a Power of Attorney in Form 26 is required.

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