Secure exclusive rights over your invention with Patent Registration
What is a Complete Patent Application?
The complete patent is an exclusive legal right of an inventor, giving him/her the legal authority to exclude others from making, using, selling, offering for selling or importing a particular invention. This right vests in the patent for 20 years, from the date of filing. The validity of 20 years is set to inspire people to create more or to add to their innovation. The holder of the patent is entitled to sue any person who violates the patent and chooses who to sell, grant or licence the patent.
Benefits of Patent Registration
Exclusive authority over your invention
The patent registration gives the patent owner the right to prohibit others without the permission to make, use, sell, offer or importing patented inventions to others for profit purposes. On the other hand, the patent owner may determine who can use it according to negotiated terms and thus hold rivals at a disadvantage.
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, it indirectly improves the brand value and can allow the company to charge the consumers a higher price. Especially if a product which is extremely useful on the market helps to extend the patent proprietor ‘s valuation.
The patent is a great asset and can to extract way more significant 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 through licensing, assigning, etc.
Documents required for filing a Permanent Patent Application
Title of the invention
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
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: firstname.lastname@example.org
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*
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
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 available to the public. To restrict others from utilizing, selling, or making copies, the inventor must apply for a complete patent.
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 nam, but it is advisable to take a No Objection Certificate (NOC) from your employer or Institute if you have used the resources of your employer or institute to avoid any future disputes.
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. However, under certain circumstances, the Patents Act provides a period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by the applicant for the same author and same inventor only.
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 it should be working and has to have some use.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970 which describes non-patentable invention in India.
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.
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.
However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries or under PCT, within or before the expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
- The patent expires if it has lived its full term i.e. 20 years
- The patentee fails to pay the annual renewal fee.
- The validity of the patent has been successfully challenged by an opponent by filing an opposition.
- The patent is revoked.
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.
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.
Yes, in case the claims in the complete 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.
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 certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.
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 10% higher than online application to promote the 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 patent office, the applicant needs to file for a request for examination and then only it will be examined. The period for making such a request is of 48 months from the date of filing of the final application or priority whichever is earlier.
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