Want to safeguard your inventions and discoveries? Then get it registered as a patent under the Patent Act, 1970 and make money out of your invention.

What is Patent Registration?

It is an exclusive right provided to the owner or the enterprise under which no outsider can make, use, sell or import the patented product or process without the approval from the owner. Just like other intellectual property rights, a patent can also be transferred or sold by the inventor to the person and in the price he wants.

What is the Process for Patent Filling in India?

Patent filling is straight forward process that requires proper documents and is a fairly complicated ordeal. Here are the steps you need to follow to get your invention registered as a patent:

Step 1- Patent search:

The invention should be unique and non-obvious to get registered. For this purpose you need to carry out patent search. It can help you to avoid lengthy patent registration process. A patentee can carry out patent search by himself or take a help from an experienced person in this field. You can skip further, steps if you find a similar patent registered.

Step 2- Filling patent registration application:

An application needs to be filed in a prescribed format that involves:

  • Ideation: clearly write down the idea or concept behind your invention and mention the key details regarding the invention and the desired patent.
  • Visualisation: Visualize your idea and elements in forms of diagrams to explain your invention in detail.
  • Verification: verify the Novelty, Non-obviousness and Usefulness of your patent to make it capable as per the requirements of patent registration act.

Step 3- Preparation of patentability report and attach all the required documents:

You can take help of experts to form an extensive patentability report which includes all the analysis of your patent search based upon required criteria. Attach all the required documents with the application before submission and review your application again to avoid any kind of mistake.

Step 4- Review of application:

Once you have submitted the application along with all the required documents and patentability report it shall be further reviewed by the authorities of patent office of the Indian government. However, if your patent is unique and fulfils all the requirements then you will be granted with patent registration.

Step 5- Issuance of patent registration certificate:

The application status of the patent registration will get updated online on the website of the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, and Government of India. It takes around a time period of 1 year to get the patent certificate.

Cost for Patent Filling;

The cost of patent filling can be divided into two cost components that are given as follows:

Statutory fees: it is mandatory and paid to Indian government patent office

Professional fees: it is the fees you provide to professional for patent search or to form patentability report.

The statutory fees varies from and individual inventor to an enterprise. It also depends upon the number of claims made and number of pages in a specification. Apart from this, patentee has to pay required amount of fees after filling an application to the IPO (Indian Patent Office) department.

Overall estimate cost you need to pay can range from Rs 50,000 to Rs. 70,000 (including statutory and professional fees).

Summary

Patent registration is a great way to protect your invention for at least time period of 20 years.  It is quite costly but has great benefits like intellectual property rights, legal protection, asset creation and many more.

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Author Bio

Qualification: LL.B / Advocate
Company: Enterslice Ites Private Limited
Location: Noida, Uttar Pradesh, IN
Member Since: 17 Jun 2019 | Total Posts: 4
The author is Akash Kumar, working as Legal Associate with Enterslice Ites Private Limited, a Chartered Accountancy firm helping Startup & companies in setting up the business and complying with various tax laws applicable to Indian & foreign companies w View Full Profile

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