Startup Services

Patent Registration in Kochi & Calicut

Thank you! Our team will get back to you soon.
Error, please retry. Your message has not been sent

Patent Registration


A patent is a right granted to an individual or enterprise by the government, which excludes others from making, using, selling, or importing the patented product or process without prior approval. To register a patent an application is filed for the invention which is new, novel and which has not been disclosed anywhere prior to filing the application of patent before the office of the controller of patents in India. In India invention of new goods or industrial process can be filed. The main eligibility for an invention for grant of the patent is the existence of inventive steps, and which is non-obvious. The industrial applicability is another important feature and finally, the invention must be commercially beneficial, in other words, the claims of Invention must indicate effective value.

Ordinary Application

This is the most common application by Indian inventor wherein the invention is disclosed for the first time and can be filed either with the provisional or complete specification. In case the application is filed with the provisional specification, the complete specification must be filed within 12 months of application date.

Convention Application

The Paris convention on patent have recognized the value of first disclosure or “Prior Art” and in case of international applications an applicant can file a patent within 12 months of filing the first application and the previous disclosure shall not be considered as prior art for the subsequent country application.

PCT Application

The patent Co-Operation Treaty provides for a mechanism wherein an international application for grant of a patent can be filed from India for 152 contracting countries. In the first phase application is examined by international examination authority, thereafter applicant has the liberty to file national phase application.

Procedure For Patent Registration in India

  • Patentability Criteria
    Check if the invention is patentable or not in terms of the Patent Act, and confirm whether it is new and has not been published prior to filing with the patent office. Your ideas/inventions must meet the patentability requirements such as:
    • Novelty
    • Non-obviousness
    • Usefulness
    • Patentable subject matter
  • Specification Drafting
    Write down your invention (idea or concept) in maximum detail possible, Use drawings, diagrams, and sketches to explain how Invention works and specify its claim.
  • Filing of Patent
    The patent can be filed in India with the provisional specification or complete specification, however, in any case, the complete filing must be completed within 12 months. A Patent application consists of a series of forms prepared according to the Indian Patent Act, 1970.

 

Examination

The patent is examined and published by the patent office and if no objection is received from the examiner or if no third party opposition, the patent is granted.

Publication in Journal 

Once you have filed the application for Patent Registration, it will be published in the journals and wait for the objections. If somebody raises an objection against the same, then the examiner will first examine the patent invention. Then, he will submit the report and the applicant has to submit the reply to the report of the examiner within 12 months of the issuance of the report. 

Grant of Patent 

Once the examiner is satisfied with the reply of the applicant towards the examination report, then the authorized body will grant the patent.

Documents Required for Registration 

  • Digital Signature of the Applicant
  • Authorization to the patent attorney.
  • The patent questionnaire.
  • A signed copy of Patent Specification
  • Declaration of Inventorship signed by the Inventor
  • Prior art documents, in case of International Application

Advantages of Patent Registration 

  • Exclusive access to rights , due to early application 
  • Safeguarding good market status 
  • Generate Return on Investment 
  • Generate Return on Investment through licensing and selling of the invention 
  • Legal protection against patent infringement