Get complete detail about patent registration in India with Registrationwala. Here patent professional and experts are available for your guidance. So, if you are looking for consultation to patent registration, Registrationwala is here for your help.

1. Patent
Registration

2. What Is Patent?
Patent is an IPR (Intellectual Property Right)
given to New, useful and inventive inventions.
Through patent registration, inventors have
exclusive right to license, sell or destroy their
inventions.

3. 1. It allows the inventors to stop others from copying the invention.
2. For a finite period, you can stop your competition.
3. Patent registration inspires scientific communities to create new inventions.
4. Patent Licensing allows you to license the patent and is an important source of
revenue.
What Are The Benefits of Patent Registration?

4. An Invention refers to a new product or a new process that involves an inventive step
and is capable of being useful for industrial application.
What Is Invention?
What is New Invention?
New Invention refers to any invention that no publication anticipated in any document,
no country has ever registered it before and its existence wasn’t known before the date
of filing the patent application.

5. Following are the factors that make an invention patentable:
1. Novelty: The invention should be new and should never have been heard of before.
2. Inventiveness: The Invention should be truly creative and inventive.
3. Utility: The Invention should be useful for the industry in its current state.
What Makes Inventions Patentable?

6. 1. Frivolous Inventions: Inventions that contradict the already established laws of Nature
2. Exploitative Inventions: If the invention exploits people in a commercial or moralistic
manner
3. Combinative Invention: If the invention is a combination of already established invention
4. Plant invention other than Microorganisms
5. Certain processes
6. A mathematical rule or algorithm or a computer program.
What Makes An Invention Not-Patentable?

7. Process of Patent Registration
1. Deciding whether your patent is patentable
2. Perform Patent Search
3. Gather the documents of patent Registration
4. File the application for patent Registration.
5. Publication of the application for patent Registration.
6. Request for Early Publication
7. Examination by Examiner
8. Examination by Controller
9. Grant of Patent.

8. Step 1: Deciding Whether Your Patent Is Patentable
The first step for you is to decide as to whether your invention is worth patenting. To do
this, you can do self-assessment of the NIU factor of the patent.
• Novelty
• Inventiveness
• Utility

9. Step 2: Patent Search
When you are aspiring to elevate your
invention to the patent status, you are not
merely looking to register the name of the
invention, but the invention itself.
Therefore, the process of patent search is
extremely involved and involves various
types.
Patent
Search
Types
Patentability
Search
Freedom
to
Operate
Search
Validity
Search
State of
The Art
Search

10. Patentability Search
• It is called a novelty search to check if the invention is new.
• It can be called the first and the most important patent search.
• Conducting this search lets you decide whether your invention is patentable or not.

11. Freedom to Operate Search
• Freedom to Operate means the ability sell to the product without infringing patent
rights.
• It is important search if your invention uses a product or process that is already
patented.
• It is an important patent search methodology for all sorts of patents.
• It gives you risk assessment of patenting your invention.

12. Validity Search
• Conducted to verify the patent claim of the invention
• Patent search is done by inventors who already hold the patent
• Therefore, it is a post-patent registration search.
• It is an optional search, but should be conducted to make patent examination
easier.

13. State of the Art Search
• It is a broad search
• It is done on a broad list of patent searches
• Provides long time market advantage.
• Useful in making strategic decisions at a corporate level.

14. Step 3: Documents Required for Patent Search
• ID proof and address proof of the applicant
• ID proof and address proof of the inventor
• Description and Specification of the invention:
o Purpose of the invention
o Objective of the invention
o Advantage of the Invention
o Utility of the Invention
o Diagrams and/or sketches of the invention
o Tests done on the invention
o Results of the invention
o Other information relevant to the invention’s description.

15. Step 4: File the Application for Patent Registration
The application for paten Registration can be of following types:
1. Provisional Patent Application
2. Ordinary patent application
3. Convention application
4. PCT International Application
5. PCT National Phase Application
6. Patent Addition
7. Division Application

16. Provisional Patent Application
• Application to secure complete application filing date.
• It is meant for inventions that are yet to complete.
• Provisional specifications are input in the application.
• Helpful is securing the stages of invention development.
• Valid up to 12 months, after which complete patent application is mandatory.

17. Ordinary Patent Application
• Application meant for inventions that are developed completely.
• Complete specifications are input in the application.
• It does not claim any priority.

18. Convention Application
• This application is filed to claim priority date.
• It is based on same or similar
applications/application filed in convention
countries/country.
• To be filed in India within 12 months after filing the
same in convention country.

19. PCT National Phase Application
• It is to be filed after filing the International patent application.
• Needs to be filed within 31 months after international patent filing
Patent of Addition
• Application to add something to the under patent invention
• No separate renewal fee required

20. Division Application
• Has to be filed if more than one inventions are patented by the same inventor.
• Separate Applications have to be filed for separate inventions
• Patents are divided from the parent one, called Divisional application.

21. Step 5: Publication of Patent Application
• After the patent application is submitted, it is published.
• The patent application is published 18 months after application submission.

22. Step 6: Request for Early Publication
• If you don’t want to wait for 18 months for patent application publication, you can
file RFE.
• RFE refers to Request for Early Publication.
• It can be filed 1 month after the initial application submission.

23. Step 7: Examination by Examiner
• After publication, the applicant has to file a Request for Examination.
• The Examiner than stars patent application examination.
• The examiner creates and examination report based on the application examination.
• The report is then forwarded to the Patent controller.

24. Step 8: Examination by Controller
• Controller Examines the Examination report of the patent
• If there are any objections, the controller notifies the applicant
• Extended time is given to clear the objections.
• The controller can either accept or reject the application.

25. Step 9: Grant of Patent
• After the patent application overcomes the objection, patent is granted.
• The patent is valid for 20 years
• After 20 years, the inventor can renew the patent.

26. Important Forms to Be Filed During the Process
• Form 1: Grant of patent application
• Form 2: Complete/Provisional Specification
• Form 3: undertaking regarding foreign patent application under section 8
• Form 5: Declaration of the inventorship
• Form 26: Form authorizing the patent agent (a recommended and important form)
• Form 28: Form to claim start-up or small entity status

27. Thank You
+91-8882-580-580
support@registrationwala.com
https://www.registrationwala.com/