What is Patent Registration?
It is a right that is given to an enterprise or an individual by the government that curtails anyone else from using, making, importing or selling the product that is a patent product or patent registration process without taking approval. For having this right, the applicant should disclose fully the minutes of the invention. It is able to give the owner great competitive advantage over their competitors if it is successful. It falls into the public domain after 20 years which it is not valid anymore. It can be taken for anything like art, a method or a process, substances that are produced by manufacturing, chemicals, medicine, drugs, etc.
Facts about Patent Search
1. What does it mean by Patent Registration?
This refers to the first step in the process of applying for a patent Registration. As such, before this can be granted to a particular person, there has to be a thorough check whether the product or the service is novel, inventive or applicable industrially. This means searching on the database on India's intellectual property regulatory to see whether there is any invention or an object that is similar or the same to this applicant's invention.
2. Why is Patent Registration Important?
Every year the authorities receive thousands of requests for them to grant them a patent for their process or their invention. A lot of times the applications are rejected based on the fact that their inventions are not novel or similar already exist. As such rather than wasting time trying to get a patent registration that exists already, it is better to check it before applying.
3. What does InPASS mean?
The patent registration is provided in India by Indian Patent Advanced search system that is known as the InPASS which was introduced in the year 2015. It allows for full text searches for all patent registration have been in India so far. There are so many people who are given Patent Registration every year in the country and as such, there has to be a database to maintain the records so there is no possibility of any duplication. As such searching for patents also saves one the time and the energy as the patent registration might exist already. The InPASS helps to scrutinize, analyze and decide if the patent should be filed for as it provides information on all possible patents in the particular area of research. This makes the patent search mandatory.
4. Advantages of Patent search
Even if patent search is time consuming, an expert should be hired to do so as it provides two major advantages. First is that it increases the chances of you getting an approval on your patent search. The second advantage is that it helps to save money. As such it is better to search and find out rather than filing for the patent.
5. Why hire an expert if there is public search function?
The process of searching for a patent requires somebody who is an expert in this field, even though the database is quite simple to operate. The patent attorney or the agents who have the expertise in patent law can speed up the process with accuracy. This may help you to decide whether you wish to go ahead with it and also identify the areas of interest of your competitors.
Advantages of Patent Registration
The patent registration gives the right to the owner for using and for the controls for about 20 years this can make their business boom while slow down their competition.
It is in your hands to either sell or transfer your patent to somebody else as there are certain businesses which receive royalties from their patent which they could have licensed.
It enables the business to charge a premium as it helps to improve the brand's perception. Having a patent for a product or a service that is successful also improves the value of the business.
The process of granting a Patent Registration
- Seven Working days
- Twenty Working days
- Twenty Months
You are required to send all your details about the patent search which includes the benefits of your invention over other product or processes as well as the details of your invention and also all possible information about it and make this information straightforward and specific in order to aid the process of searching. Our affiliate, a patent attorney will take your request and will conduct a patent search on your behalf on the database.
As soon as it is confirmed that your invention is eligible for having a patent, the attorney will draft an application for you which provides the greatest protection for your patent. The application is then filed with the registrar.
After the application has been filed, in the next 12-15 months, the patent will be published in the patent journals and the examination will be conducted by a government officer. If everything is deemed okay by them, the patent will be granted. We assist you with our help and support throughout this process and this can be fast tracked to just 10 or 15 days with an additional Rs.2, 600.
Frequently Asked Questions
It can be any (1) process, art, manner of manufacture, process, (2) apparatus, machine, other articles, (3) substances that are produced by manufacturing, (4) computer software that may have a technical application with hardware, (5) a product that is patent for chemicals, food, drugs or medicines.
It expires and falls into the public domain 20 years after filing it.
The information regarding its invention on pen drive or a CD with the name, comparison with existing products, its uses and also its publication date. Your own personal information is also required.
It must be disclosed by the patentee the invention in the patent document so that anyone who wants to practice it after the expiry of the patent or during the life of the patent along with the consent of the owner.
It is only for India however once you have filed for the patent in this country you can also file for it within the next 12 months in convention countries. As such there have to be separate patents for separate countries.
The database provides details on all possible patents that have been filed and have been accepted and rejected along with details of those companies or persons who filed for them. The first step requires you to run a public search and granted patents or published applications. There are a few parameters of search which are given on the page which you can use. You may search through a keyword, inventor's name, or a company, etc.