Overview

Understanding Patent:

A patent is a type of intellectual property and a right granted by the Government of India for an invention. It bars any other individual or firm from copying, creating, selling or using the invention in question for as long as the patent is valid.

Patent registration can be obtained in Delhi for an invention. It is very much important to have patent registration in order to protect any business invention from being misused.

Before obtaining a patent registration in Delhi, it is necessary to verify the product that it should innovative and unique enough to be registered as a patent .

Patent registration in Delhi can be a tedious process, but with an expert’s assistance it can be done easily. It is advisable for an individual who is looking for patent registration in Delhi to seek a proper consultation from experts who have great knowledge about patent registration.

Reach out to us at ASA in Delhi for patent registration. Our team will help you in  filling and taking patent application with the authorities. With our strong research team, we will absolutely guide you on which part you are lacking or required more specification of your invention. Our experts have in-depth knowledge about patent registration, how you can get it done in Delhi.

Advantages

Advantages of Patent Registration:

Exclusive rights:

A patent provides an inventor exclusive rights to their invention, even before his/her patent is actually approved of. Meaning, that the protection begins on the day you file an application for your patent.

Commercialising invention:

A patent holder can easily transfer his patent to a more successful business, therefore, generating a return on investment and earning money without doing the actual work.

Provides and authorizes complete freedom:

The patent holder has exclusive rights to do anything that he wants with his creation, as long as the patent is valid. In India, the duration is 20 years, and it may vary across countries. He can legally sue anyone for using his patented ideas for patent infringement, which is a criminal offence.

Deterrent for defence:

While taking action against an infringer can be time consuming and expensive, a patent registration can act as a deterrent for defence.

Drawbacks

Drawbacks of a Patent registration:

Making patent information publicly available:

One of the major drawbacks for a patent registration is the fact that you are required to make certain technical information about your patent, public. This is the reason why many corporations decide to not registering for a patent and keeping their invention a secret.

Time consuming:

Applying for a patent is a relatively lengthy process. It usually takes around 3-4 years. It’s also applicable for 20 years validity in India, you have to renew the same before expiry of the patent.

Why Patent Registration

Why you should choose Patent Registration:

  • Apart from protecting your invention and giving you exclusive rights to it, having a patent is extremely crucial for your business in the sense that it provides you with a relatively good market status.
  • In India, the patent law also allows public disclosure, that in turn increases the value of your business and provides a sense of credibility.
  • It attracts shareholders, investors, business partners, as well as consumers.
  • You can get your patent renewed for another 20 days with minor modifications as it nears the end of its validity.

Documents Required

Documents & Process Required for Patent Registration:

  • Patent application in Form 1
  • Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form 2 within 12 months of filing of provisional specification.
  • Statement and undertaking under Section 8 in Form 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
  • Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form 5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form 4.
  • Power of authority in Form 26, if patent application is being filed by a Patent Agent. In case of general power of authority, then a self-attested copy of the same can be filed by the Patent Agent or Patent Attorney.

Priority document must be filed in the following cases:

  • Convention Application (under Paris Convention).
  • PCT National Phase Application wherein requirements of Rule 17.1(a or b) has not been fulfilled.
    Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
  • If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
  • The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
  • All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
  • Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the righthand bottom corner.

Facts you Should Know

Facts related to Patent Approval for your Business

If you have patent registered then you can license that Patent to other parties with exclusive or limited rights. Although you can sell your patent directly to the market or big businesses (we can help you on that).

One can file for provisional patent application with the starting of invention things to stop filling the similar patent.

Types

Types of Patent Application

  • Ordinary Application Form
  • Conventional Forms
  • National Phase Application
  • International Phase Application

How ASA can help

How ASA help you to create Patent in India:

  • We deliver end to end consultation on filling and taking patent application with the authorities. With our strong research team we will absolutely guide you on which part you are lacking or required more specification of your invention.
  • Having us on board for your patent registration will help you to complete all the formalities in much lesser time.

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