In this rapidly innovative world, In this rapidly innovative world, protecting intellectual property rights is a must for established companies and entrepreneurs. KAS & Co helps clients across India safeguard their ideas and innovations with expert legal services.. Introduction to Patent Law in India gives a right to the inventor of a unique process or device or drug that can treat or improve human health. A patent refers to a patent right, which is a way to protect inventors. Whether you are an individual innovator or want patent protection for your company, understanding the Patent filing process is extremely important. A Patent attorney in India helps you to go through the process of Patent Registration in India easily. Here, we break the whole process down for your understanding to protect your innovation.
What is a Patent?
Patents are legal rights that an inventor obtains over an invention to provide a novel and beneficial solution. A patent provides the inventor and the patent owner the right to only use, manufacture, and commercialise the invention for a period provided under the Patent Law in India. In India, there are three types.
- Utility Patent — used to protect new inventions or technological advancements.
- Design patents – Guard the ornamental composition of a device.
- Plant Patents – Granted for new plant varieties, distinct from their clones, that are created through new methods.
Patent Law in India: Key Regulations
Patent Registration in India is administered by the Indian Patents Act, 1970, and regulated by the Indian Patent Office (IP India), which maintains global standards in protection and filing. which is in line with international patent protection norms. The key aspects include:
- The lifetime of a US patent is 20 years from the filing date.
- To be eligible for patenting, the invention must be new, non-obvious, and capable of being made or used in at least one industry.
- Indian Patent Law does not permit for certain inventions, particularly abstract theories, mathematical formulae, and abstract business methods.
Step-by-Step Guide to Patent Registration in India
1. Determine Patentability
Patents must always be searched before a patent is filed on an idea. A Patent attorney in India smoothens the evaluation process.
2. Draft and File the Patent Application
Anyone can file for a Patent Registration in India in one of the following ways;
- Provisional Application: For an earlier priority date.
- Complete Specification: A technical document related to the technical aspects of the invention. It also includes filing through the Indian Patent office portal.
3. Patent Examination & Prosecution
Once it goes on record, the patent prosecution process begins, which involves the following:
- Publication: The patent application will be published in the Patent Journal eighteen months after filing.
- Inspection: Patent examiners assess novelty against the Patent Law.
- Objections & Answers: If any objection is raised, the inventor has to answer it with explanations.
4. Grant of Patent
After examination and upon overcoming all objections, the patent is then granted, by which the owner (the inventor) monopolizes the rights to an invention.
Role of a Patent Attorney in India
You can take a smooth path or a bumpy Pat of patent filing process The Patent attorney in India assists with the following:
- Performing background searches to evaluate for patenting.
- Writing quality applications so you don’t get rejected.
- Drafting & Prosecution of Patents & Response to Legal Queries.
Common Challenges in Patent Filing & How to Overcome Them
- Failure to provide proper documentation: Find out everything that needs to be included to avoid delays.
- End Patentability rejections: A Novelty search before the filing guarantees higher acceptance rates.
- Legal Complications: A Patent Company or an experienced Patent attorney in India can get your registration process simplified.
Conclusion
Getting Patent Registration in India is the key to safeguard your rights. Meta-learning about the Patent Law and the Patent filing process helps avoid unnecessary hurdles. Check out our blog on Intellectual Property Rights to understand how patents, copyrights, and trademarks collectively secure your assets. leads to a peaceful stroll from the filed application to the granted patent. Patents are necessary for both entrepreneurs and large established businesses as based on sound business sense it solidifies you in the market and also encourages you to innovate.
KAS&CO Have You Covered! Get Your PatentGet expert legal services to protect your innovation. KAS & Co’s legal services make the process of Patent Registration in India seamless from the time of filing to grant. from the time of filing to grant. Contact us today and get started on the first step to protecting your invention!