Permanent Patent

What is Permanent Patent Application?

The permanent patent is an exclusive legal right of an inventor, giving him/her the legal authority to prohibit others from making or using a particular invention. This right vest in the patent for 20 years, after which the invention comes into the public domain so that the invention is open for others to use. The 20-year validity is set for motivating people into inventing more or making additions to their invention. The patent holder has the right to sue anyone who infringes the patent and decides on who to sell, assign, or license the said patent.

Benefits of Patent Registration

Exclusive authority over your invention

Registering a patent gives patent holder the right to exclude others from using patented inventions without the patentee’s permission. On the other hand, the patent owner can choose on whom to give the permission to use under agreed terms and hence keeping competitors at bay.

Sue the third party in case of infringement

It gives the patent holder the legal right to file a case of infringement if anyone tries to exploit the patent without the owners’ permission. The patentee, his/her assignee, licensee, or agent has the right to institute a civil suit in a court not lower than District Court in a case of infringement.

Increases your credibility in the market

If an invention is patented, indirectly surge the brand recognition and conceivably empower the business to charge a premium price to the customers. Especially, if a product that has great usefulness in the market would help to expand the valuation of the patentee’s business.

Monetary Returns

The patent is a great asset and has a potential to extract way bigger monetary benefits than any other intellectual property if managed intelligently. The owner can license, assign or sell its patent whenever needed. Many pharmaceutical companies have made great profits through their patented products by ways of licensing, assigning, etc.

Documents required for filing a Permanent Patent Application

Title

Title of the invention

Applicants Information

Name, address, contact details and nationality of each applicant for the patent.

Description of the Invention

Detailed description of the invention and details about what the patentee wants to claim out of the invention

Technical aspects of the invention

Technical details about the invention and drawings along with copy of Provisional patent (if filed)

DSC of Applicant

Dsc of the applicant,
if the applicant does not have DSC, it can be provided by LegalWiz with an additional charge

MSME or StartUp India Certificate (If any)

These documents are required for procuring subsidized cost

Need assistance? Don’t worry, experts are here to help!
Call us at: 1800 313 4151 or Email us: support@legalwiz.in

What is not Patentable in India?

Anything that’s is a mere discovery, and does not have any inventive step

Anything that’s frivolous, obvious, contrary to law, injurious to public health and inventions relating to atomic energy

A mere arrangement or rearrangement or duplication of known devices, and anything that does not have any utility

A method of agriculture or horticulture

Apply for Permanent Patent in 3 Easy Steps

1. Follow Quick Process

Spare less than 10 minutes to fill our online Questionnaire
Upload all the required Documents to proceed with permanent patent filing
Make quick payment through our secured gateways

2. Experts at LW are here to help

Assigned Relationship Manager
Consultation regarding the permanent patent application
Drafting of Documents and Agreements
Preparation & Filing of Application

3. Your Assignment Agreement is ready

All it takes is 25 working days*

*Subject to Government processing time

Process File Permanent Patent

Day 1-8 - Collection

Discussion and collection of basic Information and provisional application (if any)
Provide required documents about the complete patent application, detailed information about examination of the invention & its uses, with well-defined claims.
Finalize the terms and conditions
Finalize the type of agreement

Day 9-20 - Execution

Drafting of documents by professionals
Drafting of Permanent patent application

Day 24 - Submission

Filing of online Form-1

Day 25 - Filing of the Permanent patent application complete

The whole process would be complete once the government
approval is received , you will receive a receipt from government (patent office) with application number, title of invention and date of filing

Explore Permanent Patent Application

Frequently Asked Questions

Why should one patent the invention?

The patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies the inventor must apply for a permanent patent.

Should I apply for patent in India in my name or in my company name?

If you are an employee, then usually all the intellectual property generated during your course of employment would belong to the organization or the company you are working for. If there has been no such agreement you can apply for the patent in your own name.

Can a published or disclosed invention be patented?

No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application online or offline.

What are the criteria of patentability?

An invention needs to have these three main qualities to be patentable:
i) Novelty – invention should be new; and
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique; and
iii) Industrial utility / Usefulness – it should not be a mere prototype but rather should be working and has to have some use.

Is the patent valid outside India?

A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global.

Are there any benefits if I hold a MSME certificate for my entity , or only certification of start-up India endows me with rebated fees ?

Both the certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.

Is it mandatory to always file a provisional patent before filing the complete specification?

Filing the provisional specification is an optional step, if you already have complete information about your invention, then you can directly go for complete specification, there is no requirement to file the provisional application for patent.

How does a patent expire?

1. The patent expires if it has lived its full term i.e. 20 years
2. The patentee fails to pay the annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
4. The patent is revoked.

How can I monetize my patent?

A patent rarely has any value if the commercial worth of the product or technology cannot be demonstrated and exploited. Therefore, a person has to see the utility and demand for the invention in the market before he/she files for a patent, they can make money from their patent by claiming royalties, selling, or license their patented invention.

Is there any difference in government fees if I apply a physical application instead of an online one ?

Government charges for a physical application are higher than online application to promote green initiative.

Like trademark is there an automatically generated examination report after filing the patent application ?

No there is no such automatic report generated by the registry applicant needs to file for a request for examination for the patent file in order to expedite the process. The period for making such request is of 48 months from the date of filing of the final application or priority whichever is earlier

Are there any government fees included by LegalWiz.in in the Package ?

No, the mentioned charges only include professional fees and 18% GST, any government fees for filing provisional patent / complete specification has to be paid by the client, at the time of submitting the application.

Are there any additional charges for adding more than 10 claims in the patent application ?

Yes, in case the claims in the permanent application extend more than 10 in number, an additional fee would be levied as per the fee structure table given under the first schedule of The Patent Act 1970.

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