Patent in India is mainly granted on the fulfillment of three most important points i.e. whether the invention is new, whether it involves an inventive step and whether it is capable of industrial application. By new invention we mean any invention or technology which has not been anticipated by publication in any document or used in the country or elsewhere in the world before the date of filing of patent application with complete specification, i.e. the subject matter has not fallen in public domain or that it does not form part of the state of the art. Inventive step means any a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in art. Industrial application means that the invention is capable of being made or used in an industry.
Patent Registration in India
In order to protect the interest of a particular invention it is extremely important to get it patented as early as possible. Patent not only safeguards the interest of the inventors but also protects it from being violated. The different forms of application in which a patent can be registered are National Phase Application, Divisional Application, Convention Application and Patent of Addition. The Time period to file different application from the priority dates vary from country to country. Indian Legal consultants are one of the trusted providers of Patent Attorney Services in India. Indian Legal consultants not only have professionals, Patent agents, Patent Attorneys and different experts in the field of Patent but also have an extremely talented group of youths who try their level best to get the invention patented as early as possible. Our group of associates keep an up to date record of various aspects such as filing the application before the deadline, sending Power of Attorney for Notarization and get it done at the earliest, filing Request for First Examination before due date, filing reply against First Examination Report, Replying promptly to the questions of the Examiner, providing each and every document at the request of the Examiner and to perform each and every services to get Patent Registration in India. The following are the details initially required to file a patent application along with other requisite documents.
Patent Application in India
Patent application is mainly regarded as a formal document comprising of invention, drawings, claims and abstract which is submitted by an inventor in the concerned patent office. In India a patent application can be filed by a person claiming to be true and first inventor of the invention, any person authorised by the inventor, legal representative of the inventor or any other to whom Power of Attorney has been given by the inventor concerning the same. Each and every patent application must contain an abstract of disclosure, patent drawings, specification, claims, oath or declaration, and a filing fee payment. If provisional application is filed, complete specification is to be filed within 12 months. The term patent application either refers to the process of applying for a patent, or to the patent specification itself.
A patent application is mainly filed for grant of the patent and it cannot be filed unless authorised or signed by a patent agent authorised in this behalf. There are several kinds of patent application as follows: Ordinary application, continuation application, divisional application, conventional application and national phase application. In India there are many law firm which claim to provide various services concerning patent, but the most eligible and cost effective is Indian Legal Consultants.
A patent application must comprise of the following particulars at the time of filing i.e. there must be title of the invention, field of the invention, background of the invention, claims, abstract, and figures (if any). Apart from these there are different documents which add importance to the captioned patent application. These documents are copy of WIPO publication, copy of international search report, copy of application data sheet, copy of notification of transmittal of the international search report and the written opinion of the International searching authority, or the Declaration. (PCT/ISA/220), copy of international searching authority. (PCT/ISA/237). The deadline to file patent applications is different in different countries. But in general a PCT application into National phase has to be filed within 30 months from the priority date in different countries. A convention application has to be filed within 12 months.
Patent Filing Services
Intellectual property rights mainly consist of Trademark, Patent, Copyright, Design and Geographical indications. Unlike Copyright, Trademark and Geographical Indication a patent application cannot be filed by anyone. A patent application must be signed by an advocate or agent specially authorised to act as such in this regard. Registration of patent application is a very technical process and must be looked after by a professional, expert or skilled person in this field. Thus in order to safeguard the interest confined in particular patent application, it is professionally recommended by this site to take the benefit of knowledge and skill acquired by various advocates, agents and attorneys associated with this firm.
Patent Filing Process in India
In India a PCT application into National Phase is required to be filed within 31 months from the priority date. A convention application can be filed within 12 months with further grace period of six months at the discretion of the Controller. A patent application must be accompanied by Form 1, Form 2, Form 3 and Form 5. These forms must contain complete information about the invention, inventors and the applicant. Once the application is filed, the inventors are required to file a Request for first Examination in form 18 within fourty eight months from the priority date. After the request has been applied an examination report is issued by the examiner. The applicant is required to file a reply within one year from the date of receipt of examination report. If the Examiner or Controller as the case may be, gets satisfied with the reply than he shall publish the same in patent journal. If it is not opposed for a period of three months with further grace period of one month than it will be considered for registration. However a patent application can be opposed even after acceptance of the same. This is the basic procedure as far as patent filing in India is concerned. It is to be noted that if proper action is not taken before every due date than the application will be treated as abandoned by the client. So, in order to safeguard the interest of respective inventors, it is necessary to file patent application at the earliest and through professionals well versed in this field.
According to Indian patent Act, 1970 and the rules and regulation governing patent system through out the world, a patent can be obtained in respect of single invention, however if there are more than one invention than the applicant is suppose to file a divisional application comprising of the invention sought to be specified in that. An invention must be new, novel and it must involve an inventive step. An invention must be in respect of machines or article which has been manufactured or the process of manufacture. It can also be in respect of modification which has been brought in a particular article or its process. However drugs and medicines being important for the life of human beings cannot be considered as a topic for patent. The patent application must be filed by the true and first inventor of the invention or by any person to whom the patent has been assigned by the inventor. If the invention to be patented has been assigned by the inventor to someone else than it must clearly specify the limits of monopoly. The invention in question must be unique and must not be similar to the prior art of the same field.
Patent Registration Process
Patent application throughout the world can be classified into National phase application, Divisional application, Convention application and Patent of Addition. The process to register different patent applications varies in accordance with the statutory requirements of various countries. A PCT application into National phase cannot be filed after 30 months from the due date, however in India it is 31 months. Patent of Addition can be filed by the applicant any time before the grant of patent .A convention application is required to be filed within 12 months from the date of priority with further grace period of six months at the discretion of the Controller. A divisional application is filed when a particular application can be bifurcated into two inventions. Every patent application is required to be filed along with all the necessary documents. A patent is not examined unless a Request is filed in a manner as required by the statute. After the filing of request the examination report is issued by the Patent office against which the applicant is suppose to file a reply. If the Examiner gets satisfied with the reply he shall cause the patent to be advertised before acceptance or else he will issue notice of hearing. Thus when the advertised gets curtailed the patent gets registered for a period of twenty years. This is the basic registration process of patent. It is to be noted that a patent application cannot be submitted without the sign of authorised person and all such patent agent and patent attorneys are associate with this firm.
Patent law throughout the world basically aims at the motivation and development of science, technology and industry. The Indian patent law is basically upgraded from the English judiciary system. The introduction of patent law can be elaborated through various theories. But the basic theory speaks of providing an opportunity to the people of science of technology so that development can be achieved in a proper and systematic manner. The patent law definitely guarantees certain reward to the inventor of the invention. A captioned patent is granted for a period of twenty years but it is maintainable subject to proper renewal at definite periods. It is to be noted that proper action can be taken against patent infringement only when the patent is registered. Frankly speaking patent law is very technical, confusing and perplexed. If a particular application is not in a manner as required by the patent law, the same may be rejected for incomplete details. Thus in order to protect the application and to utilize all the money invested on a patent application it is necessary that the matter be prosecuted through a patent agent or attorney associated with this site.
Patent Law Firm
As stated aforesaid, patent law is very technical and should be handled by a agent or attorney well versed with the same. There are different types of patent application. Every application has some requirements and needs that has to be looked after in a proper manner. If the patent application is not filed or submitted in accordance with the statutory requirements than the same is liable to rejected by the Patent office of respective countries. A patent law firm is one which not only guarantees full protection to the invention in a systematic manner but also provides a team to deal with the matter. Thus it is professionally recommended by this site to take the benefit of advocateâ��s expert in this field so that patent can be protected and safeguarded.
Patent Litigation Law Firm
Patent is a concept which is required to be handled in a proper manner. There are a number of particulars which should be taken care of at the time of filing a patent application. A patent application must comprise of title of the invention, background of the invention, field of the invention, abstract, claims , figures(if any) and various other documents required pertaining to the same. Patent applications cannot be submitted without the signature of registered patent agent. Most of the patent agents are associated with law firms renowned in the field of Intellectual property Rights. The litigation part of patent application involves a lot of technical procedure which has to be curtailed legally. Thus it is professionally advised by the associates of this site to take the benefit of experts associated with the firm called.
Patent office mainly speaks of the place where different patents from all over the world are granted and maintained in a register concerning the same. However Indian patent applications needs to be filed at the office within whose jurisdiction the inventor resides or has a place of business. The patent office in India is under the control and supervision of government of India. The head office of patent is located at Kolkata, with branch offices at Delhi, Chennai, Mumbai and Ahmedabad. The patent office is looked after by Assistant Controller of Patents and Design who is also the head of the office. As a general rule all the proceedings under 39, 65 and 125 are bound to take place at the head office and other proceedings shall take place at different branch office within whose jurisdiction the inventor resides or has a place of business or invented the thing. Most of the times the decision given by the appropriate authority shall not change. The Controller of patents is mainly assisted by the Examiner and other officers well versed in this field. The officers are required to act under the supervision and control of the Controller.
Patent Specification Drafting
The drafting of specification is the most important part as far as paten application is concerned. It should be drafted taking into consideration all the aspects involved with the invention. The authenticity of the invention can be challenged by any person or party on the basis of its specifications and claims thus while drafting the specification all the probabilities that may rise from the invention must be considered so that the patent application cannot be rejected by the Examiner or any authorised person. A patent application should not contain unambiguous claims since claims are considered as the most important part of patent application. Thus, while specifying the claims the main priority of the invention should be elaborated systematically. The claims should neither be too narrow or it should be too wide, it should be specified within the sphere of its limitations. The specifications should be drafted in good faith and without affecting the interest of anybody. Similarly as per the rules and regulations governing Indian Patent law in case of partially valid claims the patentee will not get relief in an infringement suit unless he proves by evidence that the invalid claims have been framed in good faith and with reasonable knowledge and skill. Thus it should be noted that each and every patent application must be drafted systematically so that it cannot be rejected by the examiner or any authorised person looking after the same.
Patent Trademark Attorney
Patent and trademark are two of the most of the important concepts of Intellectual property rights. The base of intellectual property rights is based on the pillars of these two concepts. A trademark application can be filed by the applicant, advocate or any agent authorised by him to act on his behalf. However a patent application cannot be filed without the signature of registered patent agent. The registration part of both the concepts involves a lot of hurdles and impediments which are required to be handled appropriately. In each and every country there are experts who are authorised by the respective government to act as such patent or trademark attorney. In India these people are called patent and trademark agent. These are those attorneys who acquire license from the government to act as such agents. Thus, if the applications are required to be registered and prosecuted in a proper manner than there is no better place than. Is a full service based firm which offers services to its clients 24 x7.