In the rapidly changing world of innovation, groundbreaking ideas are the lifeline of progress. Whether you have developed a revolutionary new product, a more efficient process or a novel composition, securing intellectual property rights for your invention is paramount. Patent registration offers this crucial protection, granting you exclusive rights to your innovation. For businesses and individuals in India, navigating the complexities of patent law can be daunting. That is where Praman Advisors Private Limited steps in, providing expert guidance and streamlined services to protect your inventions.
Overview: What is Patent Registration?
A patent is a legal right granted by the government of India to an inventor for a specific time period (typically for 20 years from the date of filing). This registration precludes others from making, using, selling, offering for sale or importing the patented invention without the consent of patent owner. In India, patents are governed by the Patents Act of 1970.
To be patentable, an invention should meet following three key parameters:-
- Novelty: It must be new and not have been publicly disclosed anywhere in the world before the patent application filing date.
- Inventive Step (Non-Obviousness): It must not be obvious to a person skilled in the art, meaning it should not be a simple modification or combination of existing knowledge.
- Industrial Application (Utility): It must be capable of being made and/or used in an industry, implying it’s practical utility.
Praman Advisors Private Limited possesses extensive experience in Indian patent law, assisting inventors, startups and established businesses in securing robust patent protection for their innovations.
Getting a patent for any invention provides a powerful competitive edge and a various advantages:-
- Exclusive Monopoly: A patent grants you an exclusive right to exploit your invention, preventing competitors from commercializing it without your consent for the patent term. This allows you to recoup your R&D investment and maximize profits.
- Strong Legal Protection: In cases of infringement, a patent provides you with the legal standing to sue infringers for damages and obtain injunctions, effectively stopping unauthorized use of your invention.
- Enhanced Business Valuation: Patented technologies significantly increase the valuation of your company, making it more attractive to investors, potential buyers and collaborators.
- Licensing and Revenue Streams: You can license your patent to other companies, allowing them to use your invention in exchange for royalties, creating a valuable additional revenue stream.
- Competitive Advantage: A patent differentiates your products or processes in the market, establishing you as an innovator and industry leader. This can lead to increased market share and brand recognition.
- Deterrent to Copycats: The public record of your patented invention acts as a strong deterrent, discouraging potential infringers from attempting to replicate your innovation.
- Attracts Investors: Patents demonstrate the commercial viability and uniqueness of your innovation, making your business more appealing to venture capitalists and other funding sources.
The patent application process requires meticulous documentation. Praman Advisors will guide you in preparing and organizing the following:-
- Form 1 (Application for Grant of Patent): Contains details of the applicant(s) and inventor(s), title of the invention and type of application.
- Form 2 (Provisional/Complete Specification):
- Provisional Specification: A preliminary description of the invention if it is still under development. It helps you in filing date (priority date) and gives 12 months to file the complete specifications.
- Complete Specification: A comprehensive and detailed description of the invention including it’s background, summary, detailed description with examples and most importantly, the claims which define the scope of protection.
- Form 3 (Statement and Undertaking under Section 8): Information regarding corresponding patent applications filed in other countries for the same invention.
- Form 5 (Declaration as to Inventorship): A declaration by the inventor(s) confirming their inventorship.
- Drawings/Diagrams (if applicable): Technical drawings to illustrate the invention, clearly depicting its various aspects and working.
- Power of Attorney (Form 26): If applying through a patent agent (highly recommended), this form authorizes them to act on your behalf.
- Proof of Applicant's Identity and Address: PAN card, Aadhaar card for individuals; Certificate of Incorporation for companies; partnership deed for firms.
- Proof of Small Entity/Startup Status (Form 28, if applicable): To avail reduced government fees.
Praman Advisors streamlines the complex patent registration journey into a clear, manageable process:-
- Invention Disclosure & Initial Consultation: You share your invention details with Praman Advisors under a Non-Disclosure Agreement (NDA). Their experts conduct an initial assessment of your invention's patentability.
- Patentability Search: A crucial step where a thorough search is conducted in global patent databases and non-patent literature to determine the novelty, inventive step and industrial applicability of your invention. This helps in assessing the likelihood of obtaining a patent and identifying potential challenges.
- Patent Drafting (Provisional/Complete Specification): This is the most critical stage. Praman Advisors' experienced patent agents, with both technical and legal expertise, will meticulously draft your patent application, ensuring clear descriptions, comprehensive claims and compliance with all legal requirements.
- Filing the Patent Application: The prepared application, along with all necessary forms and fees is electronically filed with the Indian Patent Office. If a provisional application was filed, the complete specification must be filed within 12 months.
- Publication: Your patent application is generally published in the official Patent Office Journal after 18 months from the filing date or priority date. You can request early publication (Form 9), if desired.
- Request for Examination (Form 18): This request must be filed within 48 months from the date of filing or priority date. Without this request, your application will not be examined.
- First Examination Report (FER) and Response: The Patent Office examines your application and issues an FER, outlining any objections (e.g. lack of novelty, inventive step or clarity). Praman Advisors will meticulously draft and file a response to the FER within the stipulated 06-months period (extendable by 03 months), addressing all objections and providing arguments or amendments.
- Hearing (if required): If the examiner is not satisfied with the written response, a hearing may be scheduled. Praman Advisors will represent you during the hearing, presenting your case effectively.
- Grant of Patent: Once all objections are resolved and the examiner is satisfied, your patent will be granted and a patent certificate will be issued. The details will be published in the Patent Journal.
The cost of patent registration in India involves both government fees and professional service charges.
- Government Fees: These are prescribed by the Indian Patent Office and vary based on the applicant's category (individual/startup/small entity vs. other entities), the number of pages in the specification and the number of claims.
- Filing Fee (up to 30 pages, 10 claims): ₹1,600 (Individual/Startup/Small Entity); ₹8,000 (Other Entities)
- Request for Examination: ₹4,000 (Individual/Startup/Small Entity); ₹20,000 (Other Entities)
- Additional fees apply for extra pages, claims and expedited examination.
- Professional Fees: Praman Advisors' fees cover their comprehensive services including patentability search, drafting of specification and claims, filing, responding to office actions and attending hearings. These fees can vary based on the complexity of the invention and the scope of services required.
Please contact us for a personalized quote:-
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- Manju Laur: 📞 +97119 94042
Timelines:
The patent registration process in India is notoriously time-consuming due to the detailed examination process. The timeline for obtaining a patent can be from 02 to 05 years from the date of filing the complete specifications for the grant of the patent. Key milestones include:-
- Publication: 18 months from filing date (or earlier with request).
- Issuance of FER: Can take 01-03 years after Request for Examination.
- Response to FER: Within 06 months (extendable to 09 months).
- Grant: After successful resolution of all objections.
Praman Advisors works diligently to expedite the process wherever possible and keep you informed at every stage.
