Patent Registration 2024: Process, Eligibility, Documents and Fees 

A patent is a kind of intellectual property or legal document that grants exclusive rights to the inventor for their invention. It prevents others from making, using, selling, or importing the patented invention without the permission of the inventor. Any newly developed product and process can be patented under the Indian Patent Act 1970. After your invention is identified as unique and economically helpful, it will be eligible to be patented.  

The creator can file a patent application and follow the process of submission. He can visit one of the nearby branches of the Indian patent office. If you want to file a patent and wants to discover all the essential details about a patent such as its rules, process in 2024, eligibility, documents and more. This post surely guide you from scratch about patents.

Why Patent Registration is Important?

As we mentioned earlier that Patent is the legal process of registering your invention in order to protect it against those who can sell it, manufacture and deal with it. It also gives you the right to sue people who re-manufacture or sell it. Therefore Patent registration plays a vital role as follows:-

• Legal Protection:-patent holder receives legal rights over his invention, it means the inventor has legal rights to take action against someone who uses it, sells it and manufactures it. But if the registration is not done then legal rights are not considered.
• Right to Transfer: - After you get the invention patented, you are the official owner of the specific product or process. In case of your benefit such as for generating revenue, you can transfer the rights or sell it, even charge royalty through this.
• 20 years Validity:-You patent registration has 20 years of long validity means for about 20 years you have all the legal rights on the invention after 20 years if the registration process is failed then the patented invention goes to the public domain.
• Block Competition: - It is one of the obvious advantages of patent registration that it directly blocks competition. After you complete the registration process, the invention can not be sale and manufactured by any third party.
• Creation of Asset: A patent is a kind of valuable for you, you can sell it or transfer it for the purpose of revenue generation. This also encourages other people to invent something unique and helpful for economic growth.

What Can Be Patented?

1. Any of the article, apparatus, machinery and its components 
2. Any substance whether it is living or non-living, product, pharmaceutical product
3. Any composition of matter
4. Any process, manner or way of manufacturing apart from essential biological process

What Can Not Be Patented?

• Invention that breaches natural laws
• Inventions that are harmful for human beings, animals, plants and the environment
• Inventions about scientific principles and abstract theories
• Inventions that are related to atomic energy are not patentable
• Inventing processes related to medicinal, surgical, curative, diagnostic, therapeutic, or human/animal disease prevention.
• Ways/methods of agriculture and horticulture
• Inventions which fall under Patent (Amendment) Act, 2002 
• Computer programs and mathematical methods are not pant table

Who Can File Patent Application?

1. The patent application can be filed by individual or jointly.
2. The true inventor of the invention can file application for patent.
3. It can be filed by any person, who is assigned by the true and real inventor or claiming to be assigned on behalf of (with the valid proof of assigning).
4. A patent can also be filed by the legal representative of any deceased person or assignee.

Eligibility for Filing a Patent Application

There is a specific eligibility criteria for patent application that has to be followed, conditions are mentioned below:-

• Novelty:- This term suggests the invention that has to be patented, should be new in the nation and was not published in India before patenting.
• Non-Obviousness:- It means the invention should not as clear to guess, it must be unexpected and surprising and helpful economically, which can help in development. 
• Industrial Applicability: - Invention should be able to be used practically in an industry area along with that it should be advanced technology as compared to existing. 

Patent Registration Process

Patent Registration in India follows plenty of steps that have to be followed in order to get your patent registration successful. All the steps are mentioned below:- 

1. Preparation of the patent application: The first step is to prepare the patent application which includes a detailed description of the invention, along with the necessary drawings, claims and abstracts.
2. Filing of the patent application:- Once the application is prepared, it needs to be filed with the Indian Patent office through electronic or physical submission.
3. Formal Examination by the department: After the application is filed, it undergoes a formal examination to ensure that all the necessary documents and information are provided.
4. Publication after 18 months: After filing the patent application, a publication of the patent is made so that the public can come to know about the patent and can object if it is not unique or already exists.
5. Pre-Grant Opposition/Representation by Any Person: Before publishing the grant of patent, pre-grant opposition starts through which any people with valid evidence can object within the given time before the patent is granted.
6. Request for Examination: A request of the examination has to be filed for the physical inspection of the patent to determine whether the invention meets the eligibility criteria or not.
7. Examination (Grant or Refusal):- After the examination, the officer or controller either grants the patent or refuses it, after raising some objections and opportunity to be heard. 
8. Publication of Grant of Patent:-The grant patent is published, so that the public can come to know about the invention and review it.
9. Post Grant Opposition to Patent:- Post Grant opposition starts after the publication is granted of patent, but before it expires. During this period, any party can file an opposition to the patent with evidence to support their objections.
10. Decision by Controller:- At the end final decision of granting a patent is taken by the officer or controller of the patent whether it has to be approved or refused.

Documents Required For Patent Registration

• Fill application for Patent Registration in Form-1.
• Complete specifications in Form-2. If these are not available, a provisional specification can be used.
• Statement and Undertaking in Form-3.
• A declaration from the inventor regarding the inventor ship in Form-5.
• Proof from the inventor demonstrating the right to file a Patent Registration application.
• If a patent application is filed by a patent agent or attorney, a power of authority in Form-26 is required.
• For convention applications (under the Paris Convention) or PCT (Patent Cooperation Treaty) national phase applications, submitting priority documents either with the initial application or within 18 months from the priority date is essential.
• If the application is related to biological material obtained from India, permitted by the National Biodiversity Authority is necessary.

Government Required Patent Registration Fees 

1. Natural person or startup or small entity or educational institution is approximately 1600/- (Online registration) and 1750/- (offline registration)

2. For large entities or any companies other than Natural person or startup or small entity or educational institution is approximately 8000/- (Online registration) and 8800/- (offline registration)

Connect To CRSPL Business Consultants to Get a Patent

If you require patent registration for your company, then do contact CRSPL, our expert business consultants will handle your work and get it done ASAP step by step. So what are you waiting for? Stop thinking and request a call back now.