We will keep talking about the process of Patent Registration, but first of all, let’s take a quick look at the history of Patent Act in India, the story of Patent Act is much older than independence in India, that is, the first law related to patent in India in 1856. implemented in
The purpose of this legislation was to encourage the invention of new and useful constructions and to induce inventors to disclose the secret of their inventions, being enacted without the assent of the British Crown, this Act was replaced by Act IX of 1857. Later this act was amended in 1859.
In the year 1872, in this act, another act related to the protection of designs was consolidated and it was named “Pattern and Design Protection Act”. Even after that there were amendments in 1883, 1888 and in 1911 this act was called The Indian Patents & Designs Act. was given the noun of Even after that, this Act was amended many times before and after the independence of India, the last amended Act in these Acts is The Patents (Amendment) Act 2005.
What is patent registration?
Patent System in India is governed under the Patent Act 1970. Its main objective is to provide protection to the intellectual property of the people. So that the person who has the invention or idea has the right to own it. Apart from this, the purpose of Patent Registration is also to bring innovation and development in the country’s economy.
It means to say that if the idea of doing something new is coming in the mind of a person or he wants to invent something new, then he can apply for Patent Registration to keep that idea or invention legally safe. Although it has also been enacted in the Patent Act 1970, for which type of inventions Patent Registration can be done, it is meant to say that Patent Registration cannot be done for any trivial or contrary to natural rules invention or idea.
Inventions which are not PATENT Able
- Inventions trivial and contrary to natural laws.
- An invention which is primarily or intentionally being invented for commercial exploitation. Or such an invention which is contrary to public order, morality and which can cause harm to animals, environment, humans etc.
- Only the discovery of a scientific theory, or the creation of an abstract theory, the discovery of any living being or the discovery of non-living substances living in nature.
- The discovery of a new form of a known substance with no increase in its efficacy, a new form of any known machine or apparatus, unless it is converted into a new product, or at least the discovery of a new reagent. don’t be For example: salts, esters, ethers, polymorphs, metabolites, pure forms, particle sizes, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substances are considered to be the same substance as long as they differ in significant properties with respect to efficacy. do not separate.
- a substance obtained by a single compound that results only from aggregation
- The properties of its components or the process of making such substances shall not be patentable.
- Mere arrangement or rearrangement or repetition of known devices even if they both function independently in a known manner.
- Omitted by the Patents (Amendment) Act, 2002.
- Any method related to agriculture or horticulture.
- Any medical procedure, such as medicinal, surgical, antimicrobial, diagnostic, therapeutic, or medical procedure performed to keep humans and animals free from diseases.
- Essentially biological processes, including seeds, varieties and species other than micro-organisms of plants and animals, which are carried out for the productivity and dispersal of plants or animals.
- A mathematical or business method or a computer program or algorithm.
- a literary, dramatic, musical or artistic work or any other aesthetic creation
- including cinematographic works and television productions.
- A mere plan or rule or method of doing a mental task or method of playing a game.
- presentation of information.
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- An invention which supersedes conventional knowledge, or which combines or duplicates the known properties of a traditionally known component or components.
- Inventions related to nuclear energy are not Patentable.
- Inventions where only patentable processes or methods are made.
Advantages of Patent Registration:
Patent Registration mainly has the following advantages.
- The invention registered in the patent can be given on rent if the inventor wishes.
- The inventor can sell it if he wants.
- No one can use his invention without the permission of the inventor.
- The inventor can use it to fulfill any of his purposes whether it is business related or for others.
- Through patent registration, the invention of the inventor gets protection for 20 years, after that anyone can use that invention.
How to apply for Patent Registration:
Generally Patent registration is a process of applying to register your invention under the Patent Act. It provides the inventor with the exclusive right to use his invention. Since the inventor’s invention can be tampered with or used unauthorizedly, the inventor should apply for Patent Registration to get the protection of his invention.
Some important activities may have to be done before or during applying for the patent, whose brief description is as follows. Or rather, the inventor has to follow the following steps for patent registration.
Patent Search: Whatever idea may be coming in the mind of the inventor to patent that idea is already patented by someone, patent search is required to inspect the same thing.
Because if a person is running in his mind to patent the idea in which someone has already patented, then in this situation the patent will not be issued. Patent search will save the efforts and time of the person because if there is already a patent existing in that idea, then the other person can change his idea and put his mind and time in some other direction. With the help of this website, the patent search process can be carried out.
Patent domicile: Such patents which are registered in India will be considered valid only in India. That is to say, it will provide protection to a person’s invention in India only, this patent will not be valid in other countries. Although it is possible that the invention can be protected in other countries also, for that the inventor has to apply for different countries by filling different applications.
Filing Patent Application: Now that the entrepreneur has selected Patent Search and Domicile, the next step of the entrepreneur should be to fill Patent Application Form-1 for Patent Registration.
Patent Review : On receipt of the application, the Patent Office working under the Government of India reviews the application. They usually observe whether it is not so that they have already issued a patent to someone on a similar idea. When they feel that the invention is unique and Patentable, then they issue a patent for that application.
After the patent is issued to the inventor, the application status is updated on the patent website. All this process can take from 6 months to 1.5 years to complete.
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