It takes a lot of determination, sweat and hard work to create a unique original work or masterpiece which is priceless and should be preserved by its creator. The creator can safeguard or preserve his work from any kind of infringement or being stolen or copied by registering it as a Patent. Patent is a right which is granted to an individual or creator for his invention or innovation. In case anyone tries to stole or copy such invention or registered patent without prior permission of the owner, it can be sued in the Court of Law. However, a registered patent can only be used by any third party on the payment of fees.
In India, patent and its registration is governed under Indian Patent Act, 1970. Inventions and services are only allowed to be registered as Patent and its registration can either be done individually or jointly. In this article, we have discussed about the provisional patent registration where the inventor can secure its invention which is still under process. Hence, during the time he is still in the stage of developing his invention, he can file a provisional application regarding it so that no third party can copy it during that time.
Advantages of a Patent Registration
Registering a patent comes with a lot of advantages. Some of them are as follows:
Patent helps in protecting your intellectual property which prevents other people from using it without the prior permission of the inventor
Patent can be transferred, franchised and sold, thus generating revenue for the inventor.
As soon as you get a patent for your invention, it will be valid for a long period of time.
The inventor of patent can charge royalty in exchange of his work
A Patent gives ownership to the inventor, thus providing him a competitive edge in the market.
Types of Patent
Under the Indian Patent Act, following are the types of Patents which are granted:
Utility Patent: It is one of the most popular and preferred category of patent registration. Under this category, patent is given for making something new, unique or useful creation in any product, process or machinery.
Design Patent: As the name suggests, this patent is granted for developing and creating new designs for any product, process or machinery. Hence, the major difference between utility patent and design patent is that the former focuses on creation and usage of new product whereas the latter focuses on how the new design or machine will look like.
Plant Patent: This category of patent is registered for discovering or inventing a distinct or a new plant.
Re-Issue Plant: The main purpose of this type patent is making any changes or correction to an already registered plants.
What can be registered as a Patent as per the Law?
Please note that there is no particular listing of things that can be categorized or protected as patent under the Indian Patent Act. However, there are few categories that can be registered as Patent in India. They are as follows:
An invention which has not been already registered or has been claimed by anyone in the country of India.
An invention which is unique and different from already existing or registered patent.
The new invention must involve inventive steps and must be capable of industrial application.
A Patent can only be registered if it can be used further by any industry and is practically feasible
The proposed patent must be Novel which is the most essential criteria for any kind of unique invention and has not been presented before in Patent Registration Office
Process of Provisional Patent Registration in India
The following is the step by step process of patent Registration in India:
Step 1: Drafting of Patent Specification: This is the most essential and crucial step while filing an application for patent registration. Drafting a patent specification is a skilled task and requires guidance of an experienced lawyer to complete the process.
Contact Legal Window which has a team of experienced lawyers.
Step 2: Presentation in diagrammatic form: Make sure that you visualize your ideas and unique invention which must be converted into a diagram form that can explain your invention more specifically.
Step 3: Search of Patent: Under this step the patentee has to ensure that through proper search and inspection that his invention qualifies to get patented or not. You can visit the official website of Intellectual property to make a Public Search.
Step 4: Preparation of Patent Report: As soon as the public search and inspection is completed, and you find that your invention is eligible for patent registration, you should contact an experienced or authorized patent professional/agent to do further research and prepare the patent report.
Step 5: Filing Provisional Patent Application: Now you are eligible to file provisional application which will secure your invention from the competitor who is also planning to develop the same invention. After filing this application, you will be granted a Provisional Patent Certificate.
Note: A buffer time of 12 months is provided to further complete the invention after the provisional patent is granted by the Patent Registry Office. During this time, no body can file the patent for the same invention, Provisional application lapses as soon as the period of 12 months gets over.
Registration of patent is indispensable for all such individuals who did a lot of hard work and spend years to invent a unique and new product. Hence, to save your product from getting infringed by any third party, it is essential to get it registered. Moreover, you can also earn some income out of such invention.
CA Pulkit Goyal, is a fellow member of the Institute of Chartered Accountants of India (ICAI) having 10 years of experience in the profession of Chartered Accountancy and thorough understanding of the corporate as well as non-corporate entities taxation system.
His core area of practice is foreign company taxation which has given him an edge in analytical thinking & executing assignments with a unique perspective. He has worked as a consultant with professionally managed corporates. He has experience of writing in different areas and keep at pace with the latest changes and analyze the different implications of various provisions of the act.
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