The registration of patent is governed under the Patents Act, 1970 in India. It is important to protect the “invention” of the patentee from being misused and prevent others from “using, selling, trading and importing” the product of invention or procedure of manufacturing the product without the consent of patentee as it will amount to infringement of the rights of the patentee. Hence, registration of patent provides the patentee with a right over his “invention” for 20 years and also acts as an asset for him by helping him earn profit from his own “invention”.
i. Who can apply for the registration of patent?
Section 6 of the Patents Act, 1970 mentions about the persons who can to file the application for the registration of patent. The application can be filed by:
• Any person who claims to be “true and first inventor” of the invention or by his assignee.
• A legal representative of the deceased is also allowed to file the application on his behalf,
• A patent application can be filed by an individual alone or jointly with another person.
ii. Documents required for Patent filing:
• Form 1-Application form for the grant of patent in India
• Form 2-Provisional or complete specification of Patent in duplicate and in case the provisional specification is filed; it must be followed by the complete specification within 12 months.
• Drawing in duplicate only if necessary.
• Abstract and relevant information of the invention made by the party in duplicate.
• Form 3- Information and undertaking highlighting the number, filing date & current status of each foreign patent application in duplicate (if any).
• The Priority document is to be attached when directed by the Controller, if in case the priority date is claimed in convention application,
• Form 5-Declaration of inventor-ship, if the provisional specification is followed by a complete specification or in case of convention/PCT national phase application.
• Form 26- Form of authorization (Power of attorney) , if filled through Patent Agent
• Fees of the Patent registration to be paid in cash/cheque/demand draft/ through online mode
iii. Brief description of the Forms applicable for Patent filing:
1. Form 1: Application for Grant of Patent
The Form demands the following information:
a) The name and address of the inventor(s),
b) The name and address of the applicant(s),
c) Information analogous to prior patent applications relating to the current invention, which inventor or any authorized entity has filed, and
d) Few required declarations and other information.
2. Form 2: Provisional / Complete Specification
Form 2 mentions the inventor’s patent specification. It may be provisional or a complete patent specification depending on the type of patent application inventor is filing.
3. Form 3: Statement and Undertaking under Section 8
Form 3 is used to equip information relating to patent applications filed in any other country for the current invention. It will undertake that the inventor will be keeping the patent office informed in writing the details regarding corresponding applications for patents filed outside India.
4. Form 5: Declaration as to Inventor-ship
This application is entitled to declare the inventors of the current patent application.
5. Form 26: Power of Attorney (if filed through Patent Agent)
Form 26 is entitled to assign the power of attorney to the patent’s agent to deal with the patent application, correspondence and communication on inventor’s behalf.
iv. The basic procedure for registration of patent –
Step 1- Research about the existing patents- Patent search
Step 2- Determine the patentability of the “invention”
Step 3- Drafting and Filing of Patent Application
Step 4- Publication of Patent Application
Step 5- Examination of Patent Application
Step 6- Grant of Patent Certificate
Step 7- Renewal of Patent