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Patent Registration | Patent Application Filing In Kolkata
Table of Contents
A patent is an exclusive right granted by the government to the inventor to exclude others from
making, using, selling and importing an invention which is a new and having inventive solution to
an existing problem. The patent rights are granted for a limited period usually 20 years from the
date of first patent application
Product /Process Patent :-
The invention can be a related to a product or a process or both product and process and one
patent application can be for a product, or process or both product and process, however, one patent
application is limited to have one invention only.
REQUIREMENT FOR INVENTION TO BE PATENTABLE:
The invention must be new or novel, means that the invention must never have been made before or used before.
An invention is considered ‘novel’ if it is not in the public domain (example on a website, article or in any magazine etc )anywhere in the world.
Or It must show some new characteristic which is not known in existing public knowledge (called “prior art”) in its technical field.
2) Inventive Step:
The invention must be non-obvious or involve an inventive step and not obvious to the person skilled in the art.
“Inventive Step” is a feature of an invention that involves technical advancement to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
3) Industrial Application:
The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry.
4) Patentable Subject matter
Inventions that does not fall under Section 3 and Section 4 of Indian Patent Act 1970 are not patentable subject matter
Pro Tip :-
Inventors who are not sure whether the invention is novel or has inventive step can have a patentability search at various free databases available and confirm that their invention is novel and has inventive step.
Type of Patent Application:
For filing a patent application one needs to decide the type of patent applications whether a provisional patent application or a complete patent application (also known as a non-provisional patent application) is required to be filed.
A provisional patent application is to be filed when the invention is at a conceptual stage and a rough/skeleton of structure and/or process of the invention is prepared and advantages of the invention are known over the prior art.
A complete patent application is filled (has to be filed subsequently within 12 months from the date of provisional Application date) when the invention is complete and no new feature or step is required to achieve the desired result.
Pro Tip :-
If inventor feel that his/her invention is complete and no feature or step is required to add to achieve desired result then he/she may skip Provisional patent application and directly file complete patent Application which saves cost and time of inventor.
Cost for Patent Search & Patent Filing In Kolkata:
Procedure of Patent Registration Kolkata:
- Step 1 : Patentability/Novelty Search ( Optional)
- Step 2 : Patent Drafting
- Step 3 : Patent Filing
- Step 4 : Publication
- Step 5 : Request for Examination
- Step 6 : Issuance of Examination Report
- Step 7 : Hearing with the Controller
- Step 8 : Grant of Patent
- Step 9: Patent Annual Payment/Maintenance fees
- Step 10: Statement of Working of Patents
Step 1 : Patentability/Novelty Search ( Optional) :
is a search of prior art (of patented documents or non-patent literature) that conveys about the invention either in one document of in combination of documents so as to conclude whether it is patentable.
What are the conditions to be satisfied by an invention to be patentable?
- Novelty:An invention will be considered novel if it does not form a part of the global state of the art. Information appearing in magazines, technical journals, books, newspapers etc. constitutes the state of the art.
Oral description of the invention in a seminar/conference can also spoil novelty. Novelty is assessed in a global context.
An invention will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention.
Prior use of the invention in the country of interest before the filing date can also destroy the novelty.
Novelty is determined through extensive literature and patent searches. It should be realized that patent search is essential and critical for ascertaining novelty as most of the information reported in patent documents does not get published anywhere else.
- Inventiveness (Non-obviousness):A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application.
The prior art should not point towards the invention implies that the practitioner of the subject matter could not have thought about the invention prior to the filing of the patent application.
Inventiveness cannot be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step does not have any bearing on the grant of a patent.
In other words, a very simple invention can qualify for a patent. If there is an inventive step between the proposed patent and the prior art at that point of time, then an invention has taken place. A mere ‘scintilla’ of the invention is sufficient to found a valid patent.
- Usefulness:An invention must possess industrial utility for the grant of patent. No valid patent can be granted for an invention devoid of utility.
Step 2 : Patent Drafting
2.1 Content required for the drafting of provisional patent applications:
- Title, Field of invention, Background, Objects, Brief description of drawings (if any), Detailed description, Advantages, Drawings (if any), Disclosure of biological material used (if any)
- Forms required for Provisional Patent Application:-
- Form 1:- Application for Grant of Patent
- Form 2:- Provisional Specification
- Form 26:- Form of Authorisation of Patent Agent (If filed through patent agent)
2.2 Content required for the drafting of complete/Non-Provisional patent applications:
Title, Field of invention, Background, Summary, Objects, Brief description of drawings, Detailed description, Advantages, Claims, Abstract and Drawings (if any), Disclosure of biological material used (if any)
Forms required for Complete Patent Application after Provisional Application:-
Form 2:- Complete Specification
Form 5:-Declaration as to Inventorship
2.3 Forms required for Direct Complete Patent Application (without prior Provisional Application):-
Form 1:- Application for Grant of Patent
Form 2:- Complete Specification
Form 3:- Statement and Undertaking Under Section 8
Form 26:- Form of Authorisation of Patent Agent (If filed through patent agent)
Step 3 Step by step process for patent Filing in Kolkata
Fast track filing process:
Fast track filing is required when the invention is to be disclosed in form of conducting seminars, presentation, or submitted as a journal, or are required to be commercially traded in a very short duration of time, then file a provisional patent application to get a priority date and application number.
It is advisable not to file a complete patent application during this fast-track filing because while drafting patent application few important points can be missed out that can hamper the quality of the draft.
Once a provisional patent application is filed, conduct a search to analyze novelty and inventive step of the invention and then file a complete patent application.
However, in this process, the complete patent application needs to be filed within 12 months from the date of priority date else the provisional patent application gets lapsed.
Regular Track Filling Process :
- Confirm that the invention is patentable subject matter (i.e. the subject matter of invention does not fall under section 3 and 4 of Indian Patent Act, 1970)
- Optional step: Conduct a patent search to determine novelty, inventive step and industrial application;
- Optional step: Analyse the searched patent documents and come to a conclusion whether it is patentable or not;
- Draft a provisional or a complete patent application
- File the draft with necessary forms and fees at the patent office and get a filing receipt.
Step 4 : Publication
- The application will be published on Patent Office website after 18 months from the date of filing. The application can be viewed at the Indian Patent Office website
- After publication, the applicant enjoys the right as good as that of a patentee, however, the applicant after publication cannot seek infringement proceedings against competitors till the patent is granted. But, once the patent is granted the applicant can claim damages from the infringer from the date of publication. Hence, the early the publication, the better to claim in the infringement damages.
- To achieve the rights early and to reduce the prosecution time of grant of patent, fast-track publication is provided by the Patent office and upon request with extra fees, the application is published at the earliest.
Step 5 : Request for Examination
After publication, the patent office performs an examination of application only if a request for examination with appropriate fees is filed within 48 months from the date of filing of the application.
Upon receipt of examination request, the examiners conduct an extensive search of the inventions. In case of doubts, the examiner will :
Step 6 : Issuance of Examination Report
Issues examination reports: A first examination report and subsequent examination reports will be issued if the need arises and convey to the applicant or authorized agent. The applicant or authorized agent is required to reply and clear examiners concerns and objections raised by the examiner.
Step 7 : Hearing with the Controller
Call for hearing: In case if the examiner feels and requires a need for examiners, the examiner can call for a hearing which the applicant or agent needs to attend.
Thus, by way of examination reports and hearing, the examiner examines the application
Step 8 : Grant of Patent
After extensive examination, the examiner finally decides upon the grant of application or rejection of the application.
Step 9: Patent Annual Payment/Maintenance fees
After the grant of patent annual payment is to be paid till the life of the patent and the first payment begins after the end of the second year
Step 10: Statement of Working of Patents
Patentees and licenses (if any) need to furnish (within three months from the end of every calendar year), a statement as to the extent to which the invention has been worked in India on a commercial scale in the preceding year.
Benefits of Patenting
Patent Foreign Filing:
As the patent rights are limited to its jurisdiction, an applicant or patentee can file international applications. There are two routes for filing International Application
- Conventional method: In this method, a form of application needs to be filed in each desired country within 12 months from the first filed application (i.e. the filed Indian Application)
- PCT Route: In this method, a PCT form needs to be filed within 12 months from the first filed application (i.e. the filed Indian Application). After filling PCT application we further get 30 to 31 months more time to file forms of application in each desired countries. This filling of application forms in desired countries is known as National Phase Entry. The advantage of opting this route is that one gets more time for conducting extensive market research and delays the application cost which in other way needs to be paid within one year and also the prosecution costs in future.
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