Let's Get Start
Patent Registration - Process, Document Required and Fees
A patent provides an individual or a business with rights to protect their invention from illegal importing, producing or selling of the product without the permission of the patent holder. To protect their innovative ideas from being taken advantage of, inventors often choose to file for a patent. Filing a patent in India is a legally complex process and it is time consuming. Fortunately, Vakilsearch offers a hassle-free solution for patent registration, allowing inventors to complete their registration quickly and efficiently.
+GOVT FEES
No more delays or difficulties! Patent Registeration for your business with India’s #1 provider of company incorporation services. Fastest patent filing in India within 3 days
PATENT Registration
49,500+ Businesses Incorporated since 2021- Money Back Guarantee
- 24*7 expert support
- Submission of patent application within 24 hr
- Consultation call with a Expert of patent Registration (30mins)
- Drafting & Filing of complete Specification Patent between 3-6 days
Day 1
Document submission & verification
Day 3
Discussion on Application Drafting and Patent Specification
Day 5
Completion & Submission of Patent Application
Patent Registration Cost in India
The formal patent fee for submitting a patent application is ₹1,600 for an individual or ₹4000 for a small or ₹8000 large entity. The cost of an attorney to prepare a provisional patent filing can be between ₹20,000 and ₹35,000. If you intend to sell your concept, procedure, technique, or invention, you should presumably submit an application for protection. The need for protection and the places you will operate in will determine security. So a patent is what we need to safeguard our invention.
Forms Required to be Filed for Patent Registration Application
For the registration of patent in India the following forms must be submitted to the Indian patent office:
- Form 1: This is the application form for the grant of a patent and includes details of the applicant, the invention, and its claims
- Form 2: This form is used to furnish the details of the priority application filed by the applicant, if any
- Form 3: This form is used to furnish the details of the inventors of the patent
- Form 5: It is used to furnish the details of the government undertaking, if any, to which the patent is to be assigned
- Form 26: This form is used to furnish the details of the exclusive marketing rights, if any, claimed by the applicant
Drafting of patent application
The drafting of a patent application is a complex process that requires a deep understanding of patent law and a thorough understanding of the invention. The patent application must be drafted in a clear and concise manner, and it must meet all of the requirements of the Indian Patent Act, 1970.
The following are some of the key elements of a patent application:
- Title: The title of the patent application should be clear and concise, and it should accurately describe the invention.
- Abstract: The abstract is a brief summary of the invention. It should be no more than 150 words, and it should be written in a clear and concise manner.
- Description: The description is a detailed explanation of the invention. It should include all of the information that is necessary for someone to understand and implement the invention.
- Claims: The claims define the scope of the invention. They should be clear and concise, and they should be supported by the description.
Documents Required
These are the importance and mandatory documents are required to be uploaded online
- Patent application in Form-1 is required by the applicant.
- Proof of right to file application from the inventor. The proof of right can be an endorsement at the end of the application or a separate agreement attached with the patent application
- For Patent Registration In india,Provisional specifications, if complete specifications are not available.
- Complete specification in Form-2 within 12 months of filing of provisional specification.
- Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
- Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
- Power of authority in Form-26, if patent application is being filed by a Patent Agent. In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney.
- If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
- The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification under patent registration in india.
- All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
- Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.
Steps: Patent Registration Process
The process of patent registration in India involves the following steps:
- Step 1: File the patent registration application with all the needed documents
- Step 2: After the application is filed, it is published in the official journal, which is available to the public
- Step 3: Submit a request for the patent application’s evaluation. The patent office will review the application after receiving the request for examination and issue a report on the invention’s patentability
- Step 4: If the patent office is satisfied with the patentability of the invention, it will grant the patent to the applicant.
Types of Patent Application in India
In India, the following types of patent applications can be filed for patent registration process
- Ordinary Application: This is the most common type of application and is filed by the applicant directly with the patent office
- Convention Application: It is filed by an applicant who has already filed a patent application in a convention country
- PCT International Application: This application is filed under the Patent Cooperation Treaty (PCT) and is recognised in all member countries.
Validity Period of the Registered Patent Registration:
The validity period of a registered patent is 20 years from the date of filing
What Is Patent Renewal?
Patent renewal is the process of extending the validity of a patent by paying the prescribed renewal fee. The renewal fee must be paid before the expiration
Can a Patent be Revoked in India?
Yes, one can be revoked in India under the following circumstances, such as:
- Non-payment of renewal fees
- Non-working of the patented invention
- Public interest
Non Patentable Inventions in India
As per the Indian Patent Act, Sections 3 and 4, the following inventions are not considered patentable in India:
- An invention that is considered frivolous or trivial
- An invention that claims anything which is obviously against well-established natural laws
- The mere discovery of a scientific principle
- An invention whose primary intention or use is against the law or morality, or which can cause harm to public health
- The formulation of an abstract theory
- The mere discovery of a new form of a known invention, which does not lead to an improvement in the known effectiveness of that particular invention
- The mere discovery of any new property or new use for a known substance, or the mere use of a known process, machine, or apparatus, unless it results in a new product or uses at least one new reactant
- A device obtained by a mere admixture that only results in the combination of the properties of its components or a process to produce such substance
- The mere arrangement or duplication or rearrangement of known devices, each functioning independently in a known way
- A method of agriculture or horticulture.