Introduction
A patent is a type of intellectual property right that provides the exclusive right to an inventor to make, use, sell, or import an invention for a limited period in exchange for full public disclosure of the invention.
In simple terms, it is a legal monopoly granted by the government to the inventor to exclude others from commercially exploiting the invention for a specified period — typically 20 years from the date of filing.
Patent registration is crucial to protect unique inventions, preserve ownership, and commercially benefit from the innovation.
Advantages of Patent Registration:
1. Establishes a Public Record
Ensures legal recognition and ownership over the invention.
2. Right to Sue Infringers
Grants the legal right to initiate legal proceedings against any individual or entity that copies, uses, or sells the invention without permission.
3. Creation of Goodwill
Patents contribute to the intellectual property portfolio, enhancing brand value and credibility.
4. Legal Protection to the Work
Provides exclusive commercial rights over the invention for a specific duration.
5. Marketing Edge
Enables businesses to leverage the innovation commercially, attract investments, and establish themselves in the market.
Types of Patent Applications
- Ordinary Application
Filed when the invention does not claim priority from any previous application. - Conventional Application
Filed in India claiming priority from a convention country under the Paris Convention. - Provisional Application
Filed when the invention is at a conceptual or developmental stage, giving 12 months to file the complete specification. - PCT International Application
Filed under the Patent Cooperation Treaty to seek patent protection in multiple countries. - PCT National Phase Application
Filed in India after an international PCT application to enter the national phase.
What is a Provisional Patent?
A provisional patent application is a temporary application filed to secure a priority date before filing the final (complete) specification. It is ideal for inventors whose inventions are still in the development phase.
- Valid for 12 months
- Must be followed by a complete specification
- Claims are not included in the provisional application
Key Components of a Provisional Specification
- Title and a detailed description of the invention
- Preamble: “The following specification describes the invention”
- Sections: Field of invention, background, object, and statement of invention
- Should include as much detail as available
- No claims are required at this stage
Patent Registration Criteria
For an invention to be patentable under the Indian Patent Act, 1970, it must:
- Be patentable subject matter as per Section 3 & 4 of the Act
- Exhibit novelty (new and not disclosed anywhere publicly)
- Involve an inventive step (not obvious to others in the field)
- Have industrial applicability (capable of use in industry)
Documents Required for Patent Registration
- Patent Specification (Provisional or Complete)
- Patent Form-1: Application for grant
- Form-2: Provisional or Complete specification
- Form-3: Statement & Undertaking
- Form-5: Declaration of inventorship
- Drawing and diagrams (if applicable)
- Power of Attorney (if filed through an agent)
- Priority documents (for conventional/PCT applications)
Step-by-Step Process of Patent Registration:
1. Patent Search
Conduct a thorough patent search to ensure that the invention is novel and non-obvious.
2. Patent Drafting
Prepare the provisional or complete specification in techno-legal language, covering all aspects of the invention.
3. Application Filing
Submit the patent application along with prescribed forms and documents to the Indian Patent Office. You can file either:
- Provisional application (to secure priority)
- Complete specification (if invention is finalized)
4. Publication of Patent
Patent is published in the official journal after 18 months from filing. Early publication can be requested.
5. Examination & Report
Request for examination (Form 18) must be filed. The examiner reviews the application and may issue First Examination Report (FER) with objections.
6. Response & Hearing
Applicant responds to objections. If required, the Patent Office may call for a hearing before final decision.
7. Grant of Patent
If the examiner is satisfied with the responses and hearing, the patent is granted and published in the Patent Journal.
Validity of a Patent
- A patent is granted for a term of 20 years from the date of filing
- It must be renewed annually by paying maintenance fees
- Post expiry, the invention enters the public domain
Final Words
Patent registration is essential for safeguarding your innovative ideas and inventions from unauthorized use. Whether you are an individual inventor, startup, or a research institution, securing a patent gives you exclusive rights, encourages innovation, and enhances commercial value.
Our experts provide end-to-end assistance in drafting, filing, responding to objections, and completing the registration process smoothly and efficiently.