A patent is a title that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of years in exchange for publishing an enabling public disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce his or her rights.

Patent Search

The need for patent search is started when an inventor has developed an invention and is thinking of applying for the patent. Patent search helps the inventor to gather necessary documents which can prove that your creation is original. Patentability Search covers all the legal technical aspects of the patent and its law.

Patent Applicaton

A patent application is individually written for a specific invention which is submitted in the Indian Regional Patent Office that consist of all the documents. Patent application is filled through two ways, patent cooperation treaty or c the Paris convention route.

Patent Procedure

The patent filing process is long and complicated so most applicants prefer to choose the services of patent filing professionals. There are some systematic steps through which you can file a patent.

Patent Flowchart

From the below flowchart you will come to know the various stages involved in the registration of Patent.
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  • Fees and Forms

    You have to fill out several application forms to submit the patent application. Get all the forms by clicking on the link.
    • Form 1 – Application for patent grant
    • Form 2 – Patent specification form (provisional or complete)
    • Form 3 – Undertaking and statement with regards to foreign applications under section 8 (mandatory only in case a corresponding application for patent is filed in a foreign country)
    • Form 5 – Declaration of the invention to be filed with complete application
    • Form 26 – Form authorizing patent agent (applicable only if you opt for an agent to help file the patent)
    • Form 28 – Mandatory only if the applicant is claiming small entity or start-up status
    • Priority Documents – You need to provide priority documents only if priority is being claimed from a foreign patent claim or application.

    Patent India Act

    As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in industry. It means the invention to be patentable should be technical and should meet the following criteria.
  • -Novelty: The matter disclosed in the specification is not published in India or elsewhere before the date of filing of the patent application in India.
  • -Inventive Step: The invention is not obvious to a person skilled in the art in light of the prior publication/knowledge/ document.
  • -Industrially applicable: Invention should possess utility so that it can be made or used in industry.