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Your Trademark Patent

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What is Trademark Patent?

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get Patent Registration, technical information about the invention must be disclosed to the public in a patent application; both natural persons and corporate entities may apply for a patent.

The grant and enforcement of patents are governed by national laws, and also by international treaties. The exclusive right granted to a patentee in most countries is the right to prevent others, or at least to try to prevent others, from commercially making, using, selling, importing, or distributing a patented invention without permission.

Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India's database to check if there is an object or invention that is the same or similar to the applicant's invention.

However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

Who can File a Patent Application?

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

1. The True And First Inventor
2. True And First Inventor’s Assignee
3. 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.

1. In the case of a proprietorship firm, the application should be made in the proprietors' name.
2. 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.

How to File Patent Application?

Patent Search

To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.

Patent Application Filing

Patent Filing is considered to be the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice.

Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.

Preparing Patentability Report

The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.

Publication of Patent Application

After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.

Patent Examination

Within 48 months from the patent's first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called 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.

What are the benefits of filing a patent in India?

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 it.
• 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.

Document For Patent Register

For Indivisual / Proprietorship

Business Proof (Light Bill Copy)

PAN Card

Aadhaar Card

Form TM-48 Signed

Logo

Sales and Purchase Bill (2 copy)

Bank Statement (3 month)

ITR copy (2 years)

For Company / Partnership

Incorporation Certificate (If Company)

MSME Certificate

Partnership Deed (If Partner)

PAN Card

Aadhaar Card

Form TM-48 Signed

Logo

Sales and Purchase Bill (2 copy)

Bank Statement (3 month)

ITR copy (2 years)