Patent registration in India is governed by the Patents Act, 1970, and the corresponding rules and regulations. A patent is a legal right granted to an inventor or applicant for a novel and inventive product or process, giving them exclusive rights over their invention for a specified period. In this blog I have discussed patent registration in bangalore.
How do I register a new patent?
Determine Patentability:
Before initiating the process of Patent registration in Bangalore, it is essential to determine the patentability of the invention. The development should meet specific standards, including oddity, imaginative step, and modern appropriateness. It should be new and not publicly disclosed or published before filing the patent application.
Conduct Prior Art Search:
A prior art search helps identify existing patents, published documents, and public disclosures that may affect the patentability of the invention. This search assists in assessing the novelty and inventive step of the invention and aids in drafting a strong patent application.
Drafting the Patent Application:
The patent application for Patent registration in Bangalore consists of a detailed specification and claims that describe the invention, its technical features, and the problem it solves. It is advisable to seek professional assistance from a patent attorney or agent to draft a comprehensive and precise patent application.
Filing the Patent Application:
The patent application can be filed either online or offline with the Indian Patent Office (IPO). The application should include the prescribed forms, the complete specification, and any relevant supporting documents. The IPO examines applications on a first-to-file basis.
Publication and Examination:
After filing, the patent application for Patent registration in Bangalore is published in the official journal after 18 months from the date of filing or priority date, whichever is earlier. Subsequently, the applicant can request an examination of the patent application within 48 months from the filing date or priority date.
Examination Report and Response:
The Initial public offering inspects the patent application and issues an assessment report, known as a First Assessment Report (FER). The FER contains objections, if any, regarding the patentability of the invention. The applicant must respond to the FER within the prescribed time limit, addressing the objections raised by the examiner.
Prosecution and Grant:
The prosecution stage in Patent registration in Bangalore involves interactions between the applicant and the patent examiner to resolve any objections or issues raised in the FER. The applicant may need to submit arguments, amendments, or additional evidence to support the patentability of the invention. If the examiner is satisfied with the response, the patent is granted. However, if objections persist, a hearing may be conducted before the grant.
Post-Grant Proceedings:
Once the patent is granted, the patentee can enforce their rights and take legal action against any infringement. The patent is valid for 20 years from the date of filing the application, subject to payment of annual renewal fees. The patentee has the exclusive right to exploit, sell, license, or assign the patented invention during this period.
It is worth noting that the Indian patent system follows a “first-to-file” principle, which means that the first person to file a patent application for an invention is usually granted the patent rights. Therefore, it is crucial to file the patent application at the earliest possible stage to secure priority over others.
Additionally, it is advisable to keep the invention confidential until the patent application is filed to avoid potential issues of prior disclosure that may impact patentability.
How long is a patent good for?
In India, the term of a patent is determined by the provisions of the Patents Act, 1970. The duration of patent protection provides the patentee with exclusive rights over their invention, preventing others from making, using, selling, or importing the patented invention without their consent.
The duration of a patent that has Patent registration in Bangalore is generally 20 years from the date of filing the patent application. This period is known as the term of the patent. However, there are a few important points to consider regarding the calculation of the term and its potential variations:
Ordinary Patent Term:
The standard term of a patent in India is a long time from the date of documenting the patent application. This means that the patentee has exclusive rights over the invention for this duration, during which they can exploit, commercialize, license, or enforce their patent rights.
Extensions and Adjustments:
In certain cases, the term of a patent after Patent registration in Bangalore can be extended or adjusted. This typically happens in situations where there are delays in the grant of the patent due to administrative or legal reasons. The term may be extended to compensate for the period of such delays, ensuring that the patentee receives the full term of exclusive rights.
Patent Term Adjustment (PTA):
Patent Term Adjustment is a provision that allows for an extension of the term of a patent with Patent registration in Bangalore based on certain delays encountered during prosecution. The delays can include processing delays by the Indian Patent Office or delays caused by an opposition or revocation proceeding. The extension period is calculated based on the actual delay and the time taken for patent prosecution.
Patent Term Restoration (PTR):
Patent Term Restoration is a provision that allows for the restoration of the term of a patent in case of delays caused by actions beyond the control of the patentee, such as a compulsory license or a government order. The restoration period compensates for the loss of exclusivity during such delays.
Annual Renewal Fees:
To maintain the validity of a patent that has Patent registration in Bangalore, the patentee is required to pay annual renewal fees to the Indian Patent Office. Failure to pay the renewal fees within the prescribed time period can result in the patent becoming invalid or ceasing to have effect.
It is important to note that the term of a patent is calculated from the date of filing the patent application, not from the date of grant. This means that even if there are delays in the grant of the patent, the term of protection is not affected, unless an extension or adjustment is granted as discussed above.
The term of a patent is a critical consideration for inventors and businesses, as it determines the duration of exclusivity and commercial advantage they can gain from their inventions. During the term of the patent, the patentee has the right to prevent others from using their patented invention without their authorization.
It is advisable for patentees to actively monitor the expiration date of their patents after Patent registration in Bangalore and ensure timely payment of renewal fees to maintain the validity of their patents.
Conclusion
It is crucial to consult with a patent attorney or agent to understand the specific provisions and requirements related to the term of Patent registration in Bangalore and ensure compliance with the applicable laws and regulations. We Smartcorp with a solid team assist in Patent registration.
