Patent Registration
Patent Registration is a legal process under the Indian Patents Act, 1970 that grants an inventor exclusive rights to their invention for a specific period (usually 20 years).
It protects new and original inventions related to products, processes, or technologies, preventing others from making, selling, or using them without permission.
Patent registration encourages innovation, research, and technological advancement while ensuring inventors receive due credit and commercial benefits.
Types of Patent Registration
Patent registration in India can be categorized based on the nature, originality, and usage of the invention. Below are the main types:
Provisional Patent Application
A temporary application filed when an invention is still under development or research stage. It helps secure a priority date and gives the inventor 12 months to file the complete specification. Ideal for startups, innovators, or R&D-based businesses working on prototypes.
Complete Patent Application
Filed after the invention is finalized, this application contains full details, technical drawings, and claims. It initiates the examination and approval process, granting full patent rights upon acceptance.
Ordinary Patent Application
Filed directly in the Indian Patent Office without any reference to foreign applications. This is suitable for inventions originating in India and not filed elsewhere.
Convention Patent Application
Filed when an inventor has already applied for a patent in another country and wishes to file in India within 12 months. This allows the applicant to claim priority from the earlier foreign application.
PCT (Patent Cooperation Treaty) Application
An international application that allows inventors to seek patent protection in multiple countries through a single filing. It simplifies global patent protection and is commonly used by tech companies and R&D organizations.
Divisional Patent Application
Filed when a single patent application contains multiple inventions. It allows the applicant to divide the main application into separate ones for better clarity and protection.
Why Is Patent Registration Important?
Exclusive Legal Rights:
Grants the inventor full ownership and control over the use, sale, and licensing of the invention.
Protection Against Infringement:
Prevents competitors or third parties from copying or using the invention without consent.
Commercial Advantage:
Enables inventors to monetize their innovation through licensing, sale, or transfer.
Encourages Innovation:
Provides recognition and motivation for inventors to create new products and technologies.
Global Recognition:
Indian patents can be extended internationally through the PCT system, ensuring worldwide protection.
Increases Business Valuation:
Registered patents act as intellectual property (IP) assets, increasing a company’s value and investor confidence.
FAQs
What is a Patent?
A patent is an exclusive legal right granted to an inventor for a novel product, process, or technology that offers a new way of doing something or solving a problem.
Who can apply for a Patent in India?
Any individual, company, or organization that has developed a new and useful invention can apply for a patent.
What is the validity of a Patent in India?
A patent is valid for 20 years from the date of filing the complete application, after which it falls into the public domain.
What are the key requirements for patentability?
To be granted, an invention must be:
Novel (not published before)
Inventive (non-obvious improvement)
Industrial Applicable (capable of being used in an industry)
How long does it take to get a patent registered?
The process usually takes 2 to 3 years, depending on examination speed, objections, and backlog at the Patent Office.
Can a foreigner apply for a Patent in India?
Yes. Foreign applicants can file directly in India or through the PCT system, provided their country is a signatory to the Paris Convention or PCT.
Can I file a patent online?
Yes. Patent applications can be filed through the official IP India portal: https://ipindia.gov.in