Permanent Patent - LegalDisha

Frequently asked questions

What is the eligibility for filing an patent application?

The Patent application shall be filed by any individual /business enterprise who or which either be true and the first inventor or by the assignee of the inventor.
In case the inventor is deceased then its legal representative may apply for the patent. Such application may either be file itself or together with any other person.

What are the minimum requirements to get patent registered?

A Patent is granted by the government for the invention fulfilling the below mentioned requirements:

NOVELTY: The innovation must be new and One cannot patent an already publically available invention.
UNAPPARENT: It means the product or process must be invented and it should not be apparent to a skilled person otherwise it is not patentable.
USEFULNESS: The new invention, process or product must be useful and must be apply to or applicable in the industrial process.

Therefore Every invention is not eligible for granting patent registration, thus for registration the invention must satisfy certain criteria mentioned above to be patentable in India.

What are forms required for patent application?

For the purpose of patent application certain forms are required to be filed, these are as follows:
Form 1: Application for granting Patent.
Form 2: specification of Patent.
Form 3: Undertaking and Statement given under Section 8
Form 5: Declaration of inventorship.
Form 9: Early Publication Request.
Form 18: Request for Patent Application Examination.
Form 26: Authorisation to Patent Agent.

What is the process of patent registration in india?

Procedure for patent registration in India is as follows:

Checking patentability.
Proper drafting patent application.
Filing of patent application.
Publishing Patent application.
Patent application examination.
Examiner’s report.
Granting of patent.

What are the document required for patent registration?

Following are documents required to be filed by applicant for patent application:

Identity and address proof of applicant
Identity and address proof of Inventors.
Drawings, abstract, claims and description, if any
Details in relation to all corresponding foreign applications, including application number, date of filing.

What is the validity for patent?

Once the Patent granted by authority it is valid for the period of 20 years from the date filing application for patent.

What are the advantages of patent?

Provide exclusive right to the patent holder.
Acts as a source of income.
Validity of the protection.
Building Business.
Competitive Advantage.

What are the inventions which is not patentable in India?

Inventions which are not patentable are-

Contrary to natural laws.
Involves atomic energy.
New and different form of existing substance who efficiency is not increased through.
Formulation of scientific theory.
Process and method involved agriculture and horticulture.
Software and equations.

When do the patent registration get published?

Every patent registration get published after the completion of 18 month from the date of filing.

Does the inventions which are published and disclosed can be eligible to get patented?

No, for the purpose of patenting the invention it is mandatorily required that the invention is not published. Publication or disclosure of invention will amount to disqualification of invention from being registered.

Is it possible that the invention remains undisclosed after obtaining patent for it?

No, it is not possible that the invention remains undisclosed after obtaining patent for it as the patents to the invention is granted on the condition that the details shall be disclosed to the general public.

Do the applicant requires to present physically for registration?

No, You are not required to be physically present for the registration process.

Difference In All IPR

BASIS OF DIFFERENCE	TRADEMARK Register Now	COPYRIGHT Register Now	DESIGN Register Now	PROVISIONAL PATENT Register Now	PERMANENT PATENT Register Now
PROTECTION	Brands It can include brand name, logo, symbol, slogans, image which identify the business/brand and differentiate it from others.	Creative or Intellectual Creations It includes Protection of original creative works like Books, Articles, Music, Movies, sound recording, choreography, Photographs, painting, drawing, maps, Sculptures, motion pictures, software etc.	Appearance of Products It includes protection of Feature of pattern, shape, ornaments, configuration, composition of lines, or colours applied to any article, packaging and graphic symbols.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of chemicals and its improvement.	Inventions & Idea Novel and original inventions such as machines, processes, manufacture, composition of matter and its improvement.
PROTECTION VALIDITY	10 Years + Renewal Valid for 10 years renewed after expiry of every 10 years.	Lifetime + 60 Years Valid lifetime of the author and even 60 years after the death of the author.	10 Years Valid for 10 years from the date of its registration.	1 Year Validity of Provisional Patent is for 12 months from the date of filing application of Patent. Within 12 months Documents has to file for permanent patent otherwise it will be abandoned.	20 Years Validity of Patent is for 20 years from the day the application is first made and it can’t be renewed.
EXCLUSIVE RIGHTS OF OWNER	Brand w.r.t. Product /Services Use of trademark within the applied class. Protection from unauthorized use and give right to sell the brand.	Distribution of Copies & Perform Work Publicly Right to reproduce the work, to perform the work publicly, to distribute copies, to prepare derivative works and to display the work publicly. Copyright owner has authority to assigning, transfer the work by licensing, and other forms of transfers.	Authority to Use, Sell, Make Etc. It gives authority to Use, sell, make, offer for sell, import the registered design.	Protection from copy of idea Protect from copy of the invention or infringement of Patent.	Authority to Use, Sell, Import Etc. Provide right to Use, sell, import, make with patented idea.
APPLICANTS	Businesses Application made by business owners or owners of product.	Artists, Creative Professionals Artists, Author, Choreographers, Creative Professionals, Architect.	Designer Creator of design.	Inventor Many inventors/businesses who wish to patent their inventions even before they are finalized through a provisional patent.	Inventor Application by Inventors and designers who invented any original invention or with improved function.
SYMBOLS ASSOCIATED	TM & ® TM – Registration under process. ® – Registered Trademark.	© © is the symbol of copyright.	NA No symbol to represent Design.	NA No symbol to represent provisional Patent. Can use tag 'Patent Pending' on product any time in 12 months.	NA No symbol represent registered Patent.
EXAMPLE	Brand’ “Apple ”, Logos – the Half Cut Apple Puma, Dairy Milk, Coca Cola etc. are the brand names.	A Copyrighted Book Music, pictures, songs, darling etc.	Ornaments Packaging and shape, graphic symbols, composition of lines etc.	Technology Inventions in pharmaceutical industry.	Technology New computer programs inventions. New invention in pharmaceutical industry.
TIME TAKEN	12-18 Months It takes 12-18 months to complete the process.	4-8 Months It takes nearly 4–8 months to get a copyright. (Without objection) Otherwise nearly 1–2 years.	Prescribed As per the Design Act, 2000 and rules made there under.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.	2-3 Years It takes a 2-3 years for completion of process. Owner can claim right over a patent by applying provisional patent.
TERRITORIAL REACH	Territorial Right Only effective in India and separate application has to file for protection in different countries.	Most of Countries Available in most of the countries of the world.	Territorial Right Design protection is obtained by filing an application in each country/region of interest.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.	Territorial Right It is applicable within the territory of India and separate patents application to be filed for each country.
GOVERNING BODY	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	Copyright Office Governed by Copyright Office, Government of India.	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).	CGPDTM Governed by the Controller General of Patents, Designs & Trade Marks (CGPDTM).

Identity & address Proof

Details of Invention

Foreign application details

Description of Use

Statement of problem Solved

Permanent Patent Registration

Get Your Invention Patented now

DOCUMENTS REQUIRED FOR PERMANENT PATENT REGISTRATION