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Patent Registration

Exclusively for Entrepreneurs

Just in   19,999/-  Rs. 40,000/-

Company Registration @ Rs. 4,999/-

LLP Registration @ Rs. 4,999/-

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Import Export License @ Rs. 1999/-

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One Year Free Consultancy


Patent Registration

Exclusively for Entrepreneurs

Just in   19,999/-  Rs. 40,000/-

Enquire Now

Fill your details to get in touch

offer

Company Registration @ Rs. 4,999/-

LLP Registration @ Rs. 4,999/-

MSME Certificate @ Rs. 999/-

Import Export License @ Rs. 1999/-

Trademark Application @ Rs. 1499/-

One Year Free Consultancy

About Patent Registration

Under the provisions of section 159 of the Patents Act, 1970 the Central Government is empowered to make rules for implementing the Act and regulating patent administration. Accordingly, the Patents Rules, 1972 were notified and brought into force w.e.f. 20.4.1972. These Rules were amended from time to time till 20 May 2003 when new Patents Rules, 2003 were brought into force by replacing the 1972 rules. These rules were further amended by the Patents (Amendment) Rules, 2005 and the Patents (Amendment) Rules, 2006. The last amendments are made effective from 5th May 2006.

Patents protect inventions and improvements to existing inventions.

Patent is a monopoly right granted by the Government to exclude others from exploiting or using a particular invention. This exclusive monopoly granted by a Patent is provided in return for the inventor disclosing the details of the invention to the public. Therefore, the patent is a monopoly right which offers exclusivity to the patentee to exploit the invention for 20 years after which it falls to the public domain.

While filing a patent for your invention, there are several critical aspects to be followed especially in drafting the claims, which define the scope of the invention. Drafting patent specification is an art by itself, and requires the expertise of skilled professionals in this field.

Following are the Types of patent applications:

A) PROVISIONAL APPLICATION

A provisional application is a temporary application which is filed when the invention is not finalized and is still under experimentation.

Advantages of filing a provisional application

  • Applicant gets 12 months’ time to fully develop the invention and ascertain its market potential
  • Helps to establish “priority” right over the invention
  • Enables the applicant to use the term "patent pending” on their product
  • Less expensive to prepare and file the application
  • Enables the applicant to file International applications and claim priority within 12 months.
  • However, in order for the patent to be granted, a provisional application must be followed by a complete specification within 12 months. Moreover, the provisional application should be sufficiently detailed and must be drafted very carefully to ensure that the priority rights are secured for your invention.

    B) ORDINARY APPLICATION OR NON-PROVISIONAL APPLICATION

    An application for patent filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application under process in the office is called an ordinary application. An ordinary application must be accompanied with a complete specification and claims.

    C) CONVENTION APPLICATION

    D) PCT INTERNATIONAL APPLICATION

    A PCT Application is an international application governed by the Patent Cooperation Treaty, and can be validated in upto 142 countries.

    Advantages of filing a PCT Application:

  • A single international patent application can be filed in order to seek protection for an invention in up to 142 countries throughout the world.
  • The priority date obtained by filing a PCT application is internationally recognized, and has an effect in each of the countries designated.
  • It gives the application 30/31 months to enter into various countries from the international filing date or the priority date, and therefore gives the applicant more time to assess the viability of the invention.
  • Delays the expenses associated with applying for a patent in various countries.
  • Provides an International Search Report citing prior art, which gives an indication to the applicant whether the invention is novel and innovative.
  • Provides an option for requesting an International Preliminary Examination Report, the report containing an opinion on the patentability of the invention.
  • The International Search Report and International Preliminary Examination Report, allows the applicant to make more informed choices early in the patent process, and to amend the application to deal with any conflicting material, before the major expenses of the national phase of the patent process begin. It also gives the applicant a fair idea on the patentability of the invention before incurring charges for filing and prosecuting the application in each country.
  • E) PCT NATIONAL PHASE APPLICATION

    When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date (whichever is earlier).

    F) PATENT OF ADDITION

    When an applicant feels that he has come across an invention which is a slight modification of the invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition if the invention does not involve a substantial inventive step. There is no need to pay separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.

    G) DIVISIONAL APPLICATION

    When an application made by applicant claims more than one invention, the applicant on his own or to meet the official objection may divide the application and file two or more applications, as applicable for each of the inventions. This type of application, divided out of the parent one, is called a Divisional Application. The priority date for all the divisional applications will be same as that claimed by the Parent Application (Ante-dating)

    Amplus is, a leading legal consultant, offers quick Patent Registration service in India. Amplus can help you register all types’ patents. The average time taken to complete the filing of application is about 10 - 15 working days, subject to government processing time and client document submission. Get a free consultation for registration before and after the patent registration. By filling up the above inquiry form you can speak to our expert advisor on the patent registration process.

    Registering the Trademark in India has many benefits. With the registering enhances goodwill into market. It will create a brand, trust, credibility and genuineness.

    The Patent Registration process is completely online, so you don't even have to leave your home to get your entity registered. At Amplus, we complete the application online within 10-15 working days.

    Why Patent Registration in India?

    Prima-facie evidence of ownership of the trademark.

    Important asset for your business or company and contributes to the goodwill generated.

    Gives you stronger enforceable rights to prevent others from using the trademark in connection with the goods or services for which it is registered.

    Patent can be sold, licensed or assigned.

    Registration usually covers the whole of India.

    Increases the potential to grow big and expand

    Process

    Fill Out Forms Prrovided in Enquiry

    We explain entire procedure on call

    We submit your documents with IP

    You will get certificate of Registration

    FAQ

    The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty(PCT), the term of patent will be 20 years from the international filing date accorded under PCT.

    The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are regularly amended in consonance with the changing environment, most recent being in 2016.

    No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before expiry of twelve months from the filing date in India. Patents should be obtainSed in each country where the applicant requires protection of his invention.

    An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

    An invention is patentable subject matter if it meets the following criteria –

    1. It should be novel.

    2. It should have inventive step or it must be non-obvious.

    3. It should be capable of Industrial application.

    4. It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

    An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:

    1. An invention which is frivolous or which claims anything obviously contrary to well established natural laws.

    2. An invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment.

    3. The mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature.

    4. The mere discovery of a new form of a known substance which does not result in enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

    5. Substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance.

    6. The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way.

    7. A method of agriculture or horticulture.

    8. Any process for medicinal, surgical, curative, prophylactic (diagnostic, therapeutic) or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

    9. Plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

    10. A mathematical or business method or a computer program per se or algorithms.

    11. A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.

    12. A mere scheme or rule or method of performing mental act or method of playing game.

    13. A presentation of information.

    14. Topography of integrated circuits.

    15. An invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

    16. Inventions relating to atomic energy

    An application for a patent can be filed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority of the invention. Delay in filing an application may entail some risks such as (i) some other inventor might file a patent application on the said invention and (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

    Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34).

    The information relating to the patent application is published in the Patent office Journal issued on every Friday. This is also available in electronic form on the website of the Patent Office, www.ipindia.nic.in.

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