Patent Service India Shajeeda Tajdeen BASICS OF LAW Thu, Aug 05, 2021, at ,11:48 AM Introduction Intellectual property is the outcome of person’s intellect. It is one of the rapidly growing industries. The innovation, uniqueness and industrial applicability of an IP helps a business to create its distinct identity in this competitive world. Patent is one such branch of an Intellectual property. A patent is an exclusive right of property granted to the owner of an invention by a sovereign authority. This field of law has its own set of challenges and obstructions that need to be tamed for acquiring effective safeguards and widening the IP advantage through effective use of one’s Patent.Patent once granted excludes others from using and dealing in to patented invention for a prescribed time. However, the inventor needs to convince the authority granting patent the invention is unique, novel, it possesses utility or can be put into industrial use and the same has not been published before.Patent can be classified as utility or design patents. Utility patents are accorded to new and useful processes, machines or articles, they protect the method by which an article or product is created and used, whereas the design patent is granted for new and ornamental design of manufacture and they protect the appearance of the invention.Intellectual property is a planned part of business decisions that requires a close knitted cohesive and careful blend of legal, technical and business insight. Taking into consideration the pace at which science is advancing, there is always a high probability that someone somewhere might already be inventing the same thing. So to keep your business ahead in such times it becomes necessary to file a patent application at the earliest. Steps involved:· Conducting a patent search to check if there are similar technologies already in the market· Drafting a patent application (Provisional or Complete).· Filing the patent application in India i. First filing in India ii. Foreign filing decision· Publication of patent application.· Examination of the patent application.· Final decision on grant of patent Documents required for filing a Patent in India· Name, address, and nationality of inventors · Name, address, and nationality of applicants · Complete specification (in English) · Drawing(s) of the inventions· Power of Attorney (in situations where the application is filed by a patent agent) · Assignment Deed or Application Form endorsed by the inventor (situations where inventors and applicants are not the same)· Details of corresponding applications filed in other countries (Information and undertaking under Section 8) · Verified English translation of the priority application (required for convention applications). · Verified English translation of the PCT application (required only for national phase applications) Agent can verify the English translation of PCT application on behalf of the applicant. · Certified copy of the priority application, if requested by the Controller (required usually for convention applications, but may also be requested for national phase application in case the priority document was not submitted with the International Bureau) · Sequence listing in computer-readable text format (if any) (no print form is required to be submitted) · Permission from National Biodiversity Authority (in case any Biological material used in the invention is from India). Duration until completion and submission:There are two ways to answer this question 1. The time to get your patent filed and2. Time to get the patent grantedIt takes about 3-4 years to receive a patent if the normal route is follows, however the period can be reduced to 1-1.5 years if the applicant proceeds with the application through expedited route. But you don’t need to really wait for the grant of patent to do most of the thing with your invention.Things which can be done after filing of the application i.e. after receiving ‘patent pending’ or ‘patent applied’ status but before receiving the patent are as follows:· The invention can be disclosed without fear of giving up its confidentiality· Assessing the commercial or market value of the invention· Exhibiting the invention to other business· Selling the invention etc.Important points:ü Patent filing and patent registration are two different things.ü Patent filing is the initial step, whereas patent registered is the outcome of the filed application if the same has not been rejected. Patent gets registered after the due process of publication, examination, objection, hearing etc. are completed.ü Patent in India can be registered for a period of 20 years.ü Patent protects technological innovations.ü Patents are jurisdiction specific, so a patent application filed in India will only protect the patent within the Indian jurisdiction.ü The applicant can license the patent to third parties. If there are multiple applicants, then the consent of all such parties shall be required.