What is a patent?
Patent is a form of intellectual property. So, if you think you have made any kind of intellectual property then you can apply for registration. After the process of patent registration, one gets intellectual property rights to an invention made by an individual or a firm. There are many things for which patent could be registered be it process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. If it's unique, the government will grant you the full right for your product. You have the right of making, selling, using or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
The patent registration is valid for 20 years. This period is limited in most cases, but it could only be extended by the act of congress and only in very rare cases could it be extended for a few years.
Patent Registration
Patent Registration is the process of registering your invention. This acts as intellectual property. However, patent registration is not applicable for all inventions as it should satisfy certain criteria and should be unique in nature.
Who should file an application for patent registration?
An application for patent registration of an invention can be made by any of the following persons either alone or in a group.
1) The inventor
2) First inventor's assignee
3) The legal representative of the deceased first inventor
How and where to file a patent?
There are various patent offices and jurisdictions in India. Multiple states in India are co-operating with patent offices. So, based on your address, you should submit your application to the appropriate jurisdiction and file it with Form-1 along with provisional/complete Specification, with the prescribed fee.
Types of Patent :
There are various types of patents based on the type of invention. Some of them are as follows:
1) Ordinary application : This type of application is carried out when there are not any application or reference to any other application under process in the Indian Patent office. The priority date and filing dates are the same for ordinary applications.
2) Conventional application: If an inventor has filed a patent in another country and now also wishes to file patent in India as well, then it has to be considered under conventional application.
3) PCT National phase application: You can file this application within 31 months from the international filing date.
4) PCT International application: PCT International application allows you to file patent application in various countries and you can file at a max up to 142 countries.