PATENT COMPLETE AND PROVISIONAL REGISTRATION
What is Patent Complete And Provisional Registration ?
Patent Complete Registration -A patent is a license or permits authorized by the government conferring a legal right for a period of time. The main right is the sole ownership of the product and excluding others from making, using, selling or importing the patented product without the consent of the owner. Patent filing is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance it can be done easily. Any business entity or an individual who believes in securing their patent, which is one of the intellectual properties should get legal consultation from expert Patent Practitioners. Legal Convoy helps you with the simplest way to file a patent.
Patent Provisional Registration - A patent is an ideal way to protect ideas. The provisional patent is an application that can be filed to maintain a patent-pending status. This status can only be sustained for 12 months. In that time, one can seek out manufacturers, sell goods or products, and additionally get the necessary prototypes developed for further upcoming applications. Since the actual patent has to be filed before the end of 12 months, it is treated as having been applied for on the date that the provisional patent was filed. Moreover, if someone is trying a similar patent after your invention, you will still have patent protection. It is faster and more affordable and not as complicated to complete the application.
Advantages of Patent Registration
1. It gives legal rights over the product or process invented2. It reduces the tax rate on patented products and can increase your business revenues while slowing down rivals for years to come.
3. Patenting a product gives the inventor an intangible asset and related rights and actions that come with it
4. It gives the inventor an edge over its competitors
5. Patents can be sold and licensed like other forms of property
Procedure for Complete/ Provisional Patent Registration
1. Write down the invention (idea or concept) with as much details as possible- Collect all the information about your invention such as:
- Area of invention
- Description of the invention what it does
- How does it work
2. Include drawings, diagrams or sketches explaining working of invention- The drawings and diagrams should be designed so as to explain the working of the invention in better way with visual illustrations. They play an important role in patent application.
3. check whether the invention is patentable subject matter- All inventions may not be patentable, as per Indian patent act there are certain inventions that are not patentable.
4. Patentability search- The next step would be finding out whether your invention meets all patentability criteria as per Indian patent act? That is:
- Novelty
- Non-obviousness
- Industrial application
- Enabling
5. Decide whether to go ahead with patent-The patentability report and opinion helps you decide whether to go ahead with the patent or not, chances are what you thought as novel might already been patented or know to public in some form of information. Hence this reports saves lots of time, efforts and cost of the inventor by helping him decide whether to go ahead with the patent filing process or not.
6. Draft patent application- In case you are at very early stage in the research and development for your invention, then you can go for provisional application. It gives following benefits: • Secures filing date • 12 months of time to file complete specification • Low cost After filing provisional application, you secure the filing date which is very crucial in patent world. You get 12 months of time to come up with the complete specification, up on expiry of 12 months your patent application will be abandoned. When you complete the required documents and your research work is at level where you can have prototype and experimental results to prove your inventive step you can file complete specification with patent application. Filing the provisional specification is the optional step, if you are at the stage where you have complete information about your invention then you can directly go for complete specification.
7. Publication of the application- Up on filing the complete specification along with application for patent, the application is published after 18 months of first filing. An early publication request can be made along with prescribed fees if you do not wish to wait till the expiry of 18 months from the date of filing for publishing your patent application. Generally the patent application is published within a month form request form early publication.
8. Request for examination- The patent application is examined only after receiving request for examination that is RFE. Up on receiving this request the controller gives your patent application to a patent examiner who examinees the patent application with different patentability criteria like: • Patentable subject matter • Novelty • Non-obviousness • Inventive step • Industrial application • Enabling The examiner creates a first examination report of the patent application upon reviewing it for above terms. This is called patent prosecution. Everything happening to patent application before grant of patent is generally called as patent prosecution. The first examination report submitted to controller by examiner generally contains prior arts (existing documents before the date of filing) which are similar to the claimed invention, and same is reported to patent applicant.
9. Respond to objections- Majority of patent applicants will receive some type of objections based on examination report. The best thing to do it analyse the examination report and creating a response to the objections raised in the examination report.
This is a chance for an inventor to communicate his novelty over prior arts found in the examination report. The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria’s.
10. Clearing all objections- This communication between controller and patent applicant is to ensure that all objections raised in the patent application are resolved. (if not the patent will not be granted ) and the inventor has his fair chance to prove his point and establish novelty and inventive step over existing prior arts. Up on finding the patent application in order of grant, it is grant to the patent applicant as early as possible.
11. Grant of patent- The application would be placed in order for grant once it is found to be meeting all patentability requirements. The grant of patent is notified in the patent journal which is published time to time.
Documents required for Patent Registration:
1. Complete specification (in English)
2. Drawing(s).
3. Name, address, and nationality of inventors
4. Name, address, and nationality of applicants
5. Power of Attorney
6. Assignment Deed or Application Form endorsed by the inventor (if the inventors are not the applicants)
7. Details of corresponding applications filed in other countries
8. Verified English translation of the priority application (required for convention applications).
9. Verified English translation of the PCT application (required only for national phase applications)
10. Certified copy of the priority application, if requested by the Controller (required usually for convention applications, but may also be requested for national phase application in case the priority document was not submitted with the International Bureau)
11. Sequence listing in computer-readable text format (if any) (no print form is required to be submitted)
12. Permission from National Biodiversity Authority (in case any Biological material used in the invention is from India).