What is Patent?

A patent provides an individual or a business with rights to protect their invention from illegal importing, producing, or selling of the product without the permission of the patent holder. To protect their innovative ideas from being taken advantage of, inventors often choose to file for a patent. Filing a patent in India is a legally complex process and it is time-consuming. Fortunately, Campaigning Source offers a hassle-free solution for patent registration, allowing inventors to complete their registration quickly and efficiently.

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Pricing

StarterPlan

Perfect for initial discussion on protecting your invention

₹799 ₹399

What's included:

  • Assured callback from our Patent agent in the next 2 hours
  • Consultation call with a registered patent agent for 30 mins
  • Guidance on patentability/novelty/innovative nature of the patent/process/dispute
  • Get 5% discount when filing for a patent application

StandardPlan

Perfect for Complete Specification Patent Filing

₹24,299 ₹16,999

What's included:

  • Consultation call with a registered patent agent for 30 mins
  • Drafting and filing of Complete Specification Patent between 12-14 days
  • Unlimited consultation calls with a patent agent on how to apply the patent
  • 10% discount on subsequent stages of the patent if paid for the Patent Registration service

Fast TrackPlan

Perfect for Expedited Complete Specification Patent Filing

₹34,899 ₹21,999

What's included:

  • Dedicated IP lawyer to guide you throughout the process
  • Drafting and filing of Complete Specification Patent between 5-7 days
  • Unlimited consultation calls with a patent agent on how to apply the patent
  • 10% discount on subsequent stages of the patent if paid for the Patent Registration service
  • Accelerated publication and Request for early examination

Note: Govt. fees and taxes are not included in the prices

Patent in India

The Patents Act, 1970, which was amended in 2005 to conform to worldwide norms, regulates the patent status in India. According to the Act, patents are given for brand-new innovations that are inventive, non-obvious, and applicable to industry. There are several stages in the Indian patent application procedure, including filing the application, having it examined, and having it published. After review, a claim may be approved or rejected. Once issued, a patent gives its proprietor the sole authority to make, market, and use the creation for a predetermined amount of time.

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What is Patent Registration?

Patent registration in India is legally demanding. It includes securing exclusive rights to an invention by its creator or owner. It is granted by the government for a specific duration, generally for 20 years, to prevent others from making, using, or selling the invention without the patent owner's permission. In return, the patent owner must disclose all details and specifications of the invention to the public for further research and development. Campaigning Source can complete the patent filing online with expert support

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What can be patented and what now in India?

Registration of Patent in India allows inventions related to products, processes, and methods to be patented. This includes but is not limited to chemicals, drugs, pharmaceuticals, software, and other latest improvements to the existing innovations. However, the invention must be novel, non-obvious, and have industrial applicability.

Patent registration in India does not allow the following inventions to be patented:

  • The discovery of a natural law or scientific principle
  • Literary, theatrical, musical, or artistic works are examples of aesthetic creations
  • Plans, guidelines, or techniques for engaging in mental activity, playing games, or conducting business Inventions that violate morality or public order
  • Inventions that might be harmful to the environment, animals, or people
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Importance of Patent Registration

Registration of patent in India provides several benefits, including:

  • Exclusive rights to the inventor or owner for the invention
  • The capacity to prevent unauthorized production, use, or sale of the invention
  • The capacity to sell, license, or otherwise dispose of the patent
  • The capacity to pursue compensation and legal action against patent infringers
  • Encourages research and development and innovation, both of which can stimulate economic growth

Eligibility Criteria for Patent Register

For completing the patent registration process following eligibility criteria has to be fulfilled in order to file for registration of patent in India:

  • Be the inventor or owner of the invention
  • The invention must be new
  • The invention should not be published in the public
  • The applicant must provide a detailed description and specifications of the invention

Documents for Filing Patent Registration Application

The following documents are to be submitted along with a patent registration application:

  • A complete specification of the invention, including the details of how it works and its applications
  • A provisional application for the patent
  • A declaration of inventor

Forms Required to be Filed for Patent Registration Application

For the registration of a patent in India, the following forms must be submitted to the Indian Patent Office:

  • Form 1: This is the application form for the grant of a patent and includes details of the applicant, the invention, and its claims
  • Form 2: This form is used to furnish the details of the priority application filed by the applicant, if any
  • Form 3: This form is used to furnish the details of the inventors of the patent
  • Form 5: It is used to furnish the details of the government undertaking, if any, to which the patent is to be assigned
  • Form 26: This form is used to furnish the details of the exclusive marketing rights, if any, claimed by the applicant

Where to File a Patent Application?

It's filed at the appropriate patent office using Form-1 and a provisional/complete specification, along with the required fee. The following factors are used to determine a patent office's jurisdiction:

  • The jurisdiction of the patent office is determined by the applicant's place of residence, domicile, or business, with the first mentioned applicant's place considered in the case of joint applicants
  • The origin of the invention also plays a role in determining the patent office's jurisdiction
  • If the applicant is a foreign entity without a business or domicile in India, the designated address for service in India is taken into consideration
  • Considering these factors is crucial for accurate and efficient processing of patent registration in India.

Mumbai Patent Office

  • The Mumbai Patent Office is responsible for patent-related matters in multiple territories
  • These territories include the states of Gujarat, Maharashtra, Madhya Pradesh, Chhattisgarh, Goa
  • The Mumbai Patent Office is also responsible for patent-related matters in the Union Territories of Daman & Diu, and Dadra & Nagar Haveli.

Delhi Patent Office

  • The Delhi Patent Office has jurisdiction over several states and territories in India.
  • These include Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttar Pradesh, Uttarakhand, and the national capital territory of Delhi
  • The Delhi patent office is also responsible for patent-related matters in the Union Territory of Chandigarh.

Chennai Patent Office

  • The Chennai Patent Office is responsible for managing patent-related affairs in multiple regions
  • These regions include the states of Andhra Pradesh, Karnataka, Kerala, and Tamil Nadu
  • The Chennai Patent Office is also responsible for patent-related matters in the Union Territories of Pondicherry and Lakshadweep.

Kolkata Patent Office

  • The Kolkata Patent Office has jurisdiction over several territories in India.
  • These territories include the states of Bihar, Orissa, West Bengal, Sikkim, Assam, Meghalaya, Manipur, Tripura, Nagaland, and Arunachal Pradesh.
  • The Kolkata Patent Office is also responsible for patent-related matters in the Union Territory of Andaman and Nicobar Islands, covering a significant portion of India

Requirements for protection

  • A mark needs to be recognizable in the sense that it needs to be able to pinpoint the origin of a particular good.
  • It calls for a brand-new, worthwhile, and interesting invention
  • A work ought to be distinctive, creative, and physically generated.

Terms of Protection

  • Whenever the trademark is used commercially
  • 20 years of patent
  • Author's lifespan plus 70 years for copyright

Rights granted

  • Right to make use of the mark and to forbid third parties from making use of the same mark in a manner that might lead to confusion regarding the source of the products or services.
  • Right to prevent the patented invention from being manufactured, sold, or imported by others.
  • Copyrighted works have the authority to restrict their use, distribution, performance in public, and display.

Rules to keep in mind while filing the patent application

  • The patent application must be filed with the Indian Patent Office
  • The patent application must be filed in the name of the inventor(s).
  • The patent application must be complete and accurate.
  • The patent application must be accompanied by the prescribed fees

Drafting a Patent Application

The drafting of a patent application is a complex process that requires a deep understanding of patent law and a thorough understanding of the invention. The patent application must be drafted in a clear and concise manner, and it must meet all of the requirements of the Indian Patent Act, 1970.

  • Title: The title of the patent application should be clear and concise, and it should accurately describe the invention.
  • Abstract: The abstract is a brief summary of the invention. It should be no more than 150 words, and it should be written in a clear and concise manner.
  • Description: The description is a detailed explanation of the invention. It should include
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Will Patent Registration in India Protect My Invention Outside India as Well?

A patent that has been registered in India is only valid there, and its owner is not permitted to use its rights outside of India. However, if the patent holder desires patent protection in additional countries, they must submit an application within 12 months following the patent's registration in India.

Types of Patent Application in India

  • Ordinary Application: This is the most common type of application and is filed by the applicant directly with the patent office
  • Convention Application: It is filed by an applicant who has already filed a patent application in a convention country
  • PCT International Application: This application is filed under the Patent Cooperation Treaty (PCT) and is recognized in all member countries.

Why Campaigning Source?

Campaigning Source is an excellent choice for businesses and individuals looking to protect their intellectual property through patent registration services. With their experienced and knowledgeable team of patent attorneys, Campaigning Source provides comprehensive patent registration services that cover all aspects of the process, from conducting patent searches to filing the patent application and obtaining the patent registration certificate. Our user-friendly online platform makes it easy for you to track the status of their patent application, and our competitive pricing and transparent fee structure ensure that clients get the best value for their money. Overall, Campaigning Source's patent registration services are an excellent investment for any business or individual looking to protect their innovative ideas and inventions.

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