Patent Registration Details

What is Patent ?

A patent is a monopoly right granted by the government to a person who invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent ,anybody can make use of the invention. Any person being the inventor of an invention or his assignee can apply alone or jointly with any other person. As per the Indian Patents Act ,1970 invention means any new or useful art, process method ,apparatus or machine.

A Partnership firm , a private or a public limited Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as inventor .Therefore only Individuals could be termed as "Inventor".

Types of Patent

• Provisional Patent (A provisional application for Patent can be filed at the Patent Office to claim priority.)
• Complete Patent (A Complete specification has to be filed within 12 months from the date of filing of the Provisional Application)

Process patent or patent for invention:

A patent is granted for an invention which means any new and useful art, process ,method or manner of manufacture. You are entitled to file patent application for an invented article or process for manufacturing if the process is considered as invention .Then only your manufacturing process is patenable.

Who can apply for a patent ?

• Any person being the inventor of an invention or his assignee can apply alone or jointly with any other person.
• A Firm or Company or a Corporation cannot apply as an inventor because such corporate bodies cannot invent and therefore cannot be termed as inventor .The employees or associates (one or two persons jointly ) can be recognized as inventor.
• But you have to name the inventors but your corporation will be the owner of the patent. For example in many companies there is Research and Development Wing by employing a team of technicians for researching and they invent a process either single or jointly .In such case the company or corporation may apply for the patent and patent right stands in the name of the company. But the name of the inventors should be brought on the patent documents.

Requirements of filing patent

• Name of the Inventors.
• Name of the Applicant -whether it is a Corporation or Company constituted under which act.
• Address of the Applicant
• Title of the Invention
• Provisional or Complete Specification of patent
• Drawings if any

Contents of Provisional or Complete Specification

This specification should contain objects , statement of claims , drawings if any .The complete specification shall contain the following paragraphs.

• Introductory paragraph of the invention.
• Statement of prior art or process if known to the applicant and the drawbacks of such present state of art or process.
• Objects of the invention
• Statement of claim
• Provisional or Complete Specification of patent
• Details of invention (paragraph wise) with reference to the diagram and drawings, if any.

Stages of Patent Application Processing

• Filing of Patent Application
• Examination and acceptance of patent application.
• Advertisement in the Official Patent Gazette and opposition proceedings ,if any (within 4 months from the date of advertisement).
• Sealing of patent (the whole process will complete within the period of 4 to 5 years) .

Time Taken for Entire Process ?

The whole process will complete within the period of 4 to 5 years