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Jul

What is a Patent?

A patent is a Monopoly Right granted to the owner/inventor of a new invention that restricts others from making, using, or selling the same without his permission of the patent owner.

What is the importance of a patent?

1. A patent gives you the right to stop others from copying your invention
2. It increases the market value of your product/company
3. You can license the rights and can enjoy the monitory benefits/royalty for patent
4. You can avail the benefit of Start-up India Scheme
5. You can assign/sell all your and can enjoy a huge sum of money

What is the procedure for Patent Registration?

Step 1: Patent Search

• Before filing any of your inventions under patent, it is advisable to conduct a Patentability Search. The patentability search gives you a result to understand is there any similar or already existing invention is similar to that of yours.

• This will help you to understand whether your invention is eligible for patenting or not. by that, you can avoid wastage of time and your money.

Step 2: Patent Filing

There are various forms as per the Patent Rules. For filing a patent, you need to submit Form 1, 2, 3, and 5. In that, you need to provide the basic details like

1. Name and address of Applicant
2. Name and address of Inventors
3. Name of the Invention
4. Declaration from Inventor and Applicant

Along with this, you need to submit either the Complete Specification or Provisional Specification. Provisional Specification is the outline and basic description of the Invention. If your invention is still under research under development, you can file provisional specification to get the priority date. Then, within 1 year, you need to file the Complete specification, which speaks about the invention in detail.

Step 3: Publication

The publication is where your patent application is published in the Patent Journal. Normally it takes 18 months to publish your patent in the journal from the date of filing the Complete Specification. But there is a procedure to speed up the process by way of filing a form for Requesting for Early Publication along with the valid reason for the same. In that case, your application would be published in a month or two.

Step 4: Examination

The examination is the process where the Registry will examine your Patent application and will issue the First Examination Report, which contains the list of deviations, clarifications, and objections against your application. But to proceed for the examination process, we need to submit the form for Request for Examination within 48 months from the date of filing the application. Based on that the Examiner will examine the application and will issue the FER. We need to reply to the same within the stipulated time. If the authority is not satisfied with our reply, they may ask us to appear in person for a personal hearing.

Step 5: Grant of Patent

Once the Examiner satisfies our reply the application is put in order for Grant of Patent. But if the examiner is not satisfied with the reply, he/she may refuse the application for patent. The validity of the patent is 20 years from the date of filing the patent application.

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