MK Jain Consultant > Patent Registration

The patent is an exclusive right granted to the Patentee over his/her invention for a limited period of time. Through Patent Registration, the patentee shall have all the rights regarding controlling, making, using, selling or importing patented product or process for producing that product. After Patent Registration, no one will be able to use the invention without the consent of the patentee. However, whether the invention is patentable or not depends upon various factors such as invention must be innovative which involves an inventive step and which can be used in industry.

In India, to consolidate the laws relating to Patent there are a Patent Act 1970 & Patent Rules 1972.

With Patent Registration, you can obtain an intellectual property right over an invention. For Patent Registration, an application can be filed either by an individual or firm. To grant an exclusive right over invention (If it is unique) there is an Intellectual Property Department established by the Indian government. To prove that invention is unique, the inventor has to produce all the evidence in connection with the invention.

Applications concerned with Patent Registration are managed by “The Patent Office, Controller General of Patents, Designs & Trade Marks”. Patent Registration applications can be electronically filed along with the provisional or complete specification with the prescribed government authority. The invention can be a process, art, manufacturing method, computer software, or chemicals or drugs.

The patent registration process is not lifelong and it is valid only for a period of 20 years from the date patent registration application is filed with the authority (http://www.ipindia.nic.in/) irrespective of the fact whether an application is filled with the provisional or complete specification. After a period of 20 years, it falls under the public domain.

Now, if you want to apply for Patent Registration in India then Enterslice can file an application on your behalf as Enterslice acts as a Patent Agent all over India.

What can be Patented in India?

Before Starting the Patent Registration process in India, it is important to get to know what patentable innovations are.

The invention can be related to work, process, manufacturing, the machine related, computer software or any other kind of invention which has never been invented to the general public.

What Kind of Inventions cannot be Patented?

Following below mentioned cannot be termed as inventions as per The Patent Act, 1970.

  • Such an invention which is contrary to the natural laws;
  • The invention which is prejudice to human, animal or life of a plant or health or to the environment;
  • If the invention is the mere discovery of a scientific principle or the formulation of an abstract theory
  • If the invention is the mere discovery of any living or non-living substance occurring in nature;
  • The mere invention of a known process/ the machine unless such process results in a new product.
  • Mere admixture which is resulting in the collection of the properties of the components;
  • Mere arrangement or re-arrangement of devices which are very common in nature;
  • Such inventions which are excluded by the Patents (Amendment) Act, 2002;
  • Any method used for agriculture or horticulture purpose;
  • Ant process in relation to medicinal, surgical, curative, prophylactic diagnostic, therapeutic or process for human being treatment
  • Any process used for animal treatment in order to make them free of disease
  • Invention concerned with plants and animals including seeds, varieties, and species, the essentially biological process for the production of plants and animals other than microorganisms;
  • Computer Program or any mathematical methods;
  • Any creation concerned with literary, dramatic, musical or artistic work including cinematographic works as well as television productions;
  • Any mere method of playing the game;
  • Mere Information Presentation
  • The topography of integrated circuits;
  • The invention which is an aggregation or duplication of known properties of components which are traditionally known.
  • Inventions in concerned with atomic energy are not patentable
  • No patent shall be granted in respect of an invention relating to atomic energy

What is the Importance of Patent Registration?

  • Legal Protection to Invention: Patent Registration gives legal protection to an invention of the patentee. In the case of patent infringement, the patentee has the right to take action and can sue for damages. If the invention is not registered then legal protection is not enforceable.
  • Transferable Rights: Patent Registration gives the patentee a right to sell or transfer a patent as it helps in raising revenue.
  • Validity Period of 20 days: After Paten Registration, an invention is legally protected for a period of 20 years.
  • Competitive Advantage: Patent Registration gives a competitive advantage to the business. For similar products, competitors will not be able to use the patented invention.
  • Asset Creation: Patent is an Intellectual Property Right, therefore, Patent Registration given an exclusive right. The patent is an intellectual asset for a business which can be sold, transferred or commercially contracted.
Call Now Button