What is Patent Registration?

Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without the patent holder’s approval or consent.

The primary step an inventor takes to safeguard their innovation from being exploited is to file a patent. Patent application in India is a time-consuming procedure, with Indiafilings you can have your registration complete your registration in a hassle free way.

Types of Patent Application in India

Provisional Application -A provisional application, also known as a temporary application, is filed when an invention is still in the works and has not yet been finished. Any other relevant inventions will not be recognised as prior art to the inventor's application if a patent is filed early. When an invention requires more time to develop, this form of patent application is filed.
Ordinary or Non-Provisional Application - An ordinary or non-provisional application application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be submitted via:
Direct Filing - Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.
Subsequent Filing -Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.
Convention Application -The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries.
To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country.

To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.
PCT International Application - PCT international application does not result in an international patent grant, it open the way for a shortened patent application process in multiple nations at once.
It is governed by the Patent Corporation Treaty, which can be validated in up to 142 nations. By filing this application, an innovation will be protected from being copied in these nations.
PCT National Application - If the applicant discovers an innovation, or a modest modification of an invention, that has already been applied for or patented by the applicant, he must file this application. If the invention does not need a significant inventive step, a PCT National application can be filed.
Divisional Application - If an application claims more than one invention, the applicant may choose to partition it and submit two or more applications. These applications have a priority date that is comparable to the parent application.

Eligibility for Patent Registration

A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

The true and first inventor.
True and first inventor’s assignee.
The representative of the deceased true and first inventor his / her assignee.
According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
In the case of a proprietorship firm, the application should be made in the proprietors' name.
In partnership firms, the names of all personally responsible partners must be included in the patent application.
An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.
The applicant is required to disclose the name, address, and nationality of the true and first inventor.

Process of Patent Application with IndiaFilings

Patent Search
You must verify that your invention idea is unique in order to file a successful patent application. A patent search will confirm this, and the client will be able to avoid time-consuming procedures.
Patent Application Filing

Patent Filing is considered to be the most crucial aspect.The whole process specification is a specialised task that requires expert guidance to complete successfully.
It is wise to get professional assistance while drafting a patent application. It is recommended to file a provisional patent application if the individual is still in the initial stages of research and development.
Preparing Patentability Report
Patent professionals or agents will conduct comprehensive study and provide a patentability report. As a result, the applicant must include all of the required documentation with the patent application.
Publication of Patent Application

Within 18 months, the application is published in the patent journal. A request for an early patent filing can be filed along with the required expenses.

Every patent application filed in India is kept confidential until it is formally published in the Patent Journal by the Indian Patent Office.
The publication of filed patent applications occurs automatically after 18 months from the date of filing, and no request is required.
Patent Examination
There would be a formal submission of a request for patent examination within 48 months of the patent's first filing. If the applicant fails to file within the specified time, the patent office will treat the application as withdrawn. After that, the examiner performs a thorough investigation and issues the first examination report, known as patent prosecution.
Patent Objections
Patent applications also receive objections, so it is mandatory to analyze the patent examination report and draft a proper response to the objections.
Grant of Patent
Once all the patentability requirements are met, the grant patent's notification will be published in the Patent Journal.

Benefits of Patent Registration

Here are the benefits of filing a patent registration in India:

A patent is a form of encouragement for innovations and inventions. Once the applicant is granted the patent, they become the owner of the invention or the idea.
Patent registration is essential for a business as the patent restricts the competitors from copying, selling, or importing the intellectual property without permission. This way, the patent holder can protect his patent rights in support of the existing laws.
Patents can be sold as well as licensed like other forms of property.
The inventor can also transfer the patent ownership.
A patented product improves the brand perception and potentially enables the business to charge a premium.
With exclusive patent rights, the patent owner controls the use of the invention for twenty years and longer.
International Patent Protection Scheme, reimbursement of upto Rs.15 lakhs or 50% of total expense incurred for MSME international patent filing is provided by the Government.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What’s protected	Any word, phrase, symbol or design that recognizes and differentiates the source of one party's goods from those of another.	Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship.
Requirements for protection	A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good.	A fresh, valuable, and unusual invention is required.	A work must be unique, original, and created in a tangible manner.
Term of protection	As long as the mark is used in commerce.	20 years	Author’s life span+ 70 years.
Rights Granted	Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services' origin.	Right to restrict others from manufacturing, selling, or importing the patented invention.	Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display.