All About Online Filing of Patents
Innovation is important to support economic growth. It creates value & provides competitive advantage. Innovation opportunities are rising around the world. They are for services & value-added products to meet the requirements of the world. As an outcome, distinct companies & people are working on innovation.
To protect these innovations, a country’s patent rule plays an important role. It provides support to
- Protect social & economic interests
- Advance the goals of ecosystem for innovation
- Safeguard the legal business interest of competition
The first legislation in India was the Act VI of 1856. It was related to patents. The purpose of this legislation was to motivate useful manufactures & new inventions. It promotes investors to disclose their invention secret.
Let’s read all about patents.
What is the definition of a patent?
Patent is described as a form of Intellectual Property Rights. The owner gets an exclusive right to restrict other people from selling patented products. This beneficial concept supports patent holders to market their product & increase income.
The certificate is recognized from the Government of India. It allows a single applicant to manufacture products for twenty years.
The Indian Patent Office directs the process to file a patent application. Besides this, the IPO is operated by the officers of CGPDTM. The filing of an applicant can be made by any foreigner, Indian citizen or Government itself.
CGPDTM stands for Controller General of Patents, Design & Trade Marks. It is known as the Indian Patent Office. There are 4 patent offices all over India. These are set up in different cities, that is
What is an e-filing patent?
E-filing of patents is an online service. It was made known by the Indian Patent Office in 2007. The service was set up to bring ease in the method of patent filing. It was mandated to file patents as per the Patent (Amendment) Rules 2016.
The IPC has increased the statutory fee by 10% . It is on the acceptance of e-application from 16th May 2016.
What are the attributes of E-filing of patents?
The attributes of e-filing of patents are as follows-
- Two methods to login in your account.
- Easy procedure to re-generate password.
- Webs based system to e-file the patent.
- Proper confirmation with the data-base of IPO patents.
- User profile
- Enhance process to reduce transaction errors
- Facility to update the digital signatures
- Provision to file all the entries as per the patents Rules, 2003.
What are the prerequisites to e-file the patent?
The prerequisites to file the application of patent are as follows-
- An applicant can become the owner of an idea or invention, if granted the patent.
- The Patent restricts the competitors from importing, copying or selling its IP without permission.
- It is similar to other property forms.
- The patent can be sold to other people or issued as a license.
- The inventor can transfer the patent with an easy process.
- The patent owner can monitor the use of the inventor for twenty years or longer. They can do it with exclusive patient rights.
- A patented product enhances brand perception. It allows businesses to charge a premium.
What are the different modes to file the patent application?
Person can file the patent application in two ways:
Offline Patent filing
The person will have to submit hard copies of documents to their respective Patent office in an offline mode. A user has to submit 10% more from the official fee during an offline Patent Application.
Online Patent filing
The online process to file patents is performed through an e-service portal. Applicants can use the given below step-by-step guide to e-file the patent.
What is the online process to file the patent?
The online procedure to file patent application is as follows-
- Visit the Indian patent office– official website.
- Head out for the complete e-filing gateway.
- Make a new registration.
- Else, log in to your account by putting details (if registered earlier).
- Choose a new form to file for a new patent.
- Put up all the required details.
- Upload documents in the mentioned format.
- Save the draft.
- Process to upload sign in the drafted form.
- Once uploaded, make the payment via payment gateways option.
- The applicant gets the payment receipt after making a payment.
What are the minimum requirements to make an application?
The applicant will have to submit the prescribed forms & documents to make an e-file of patents:
- Duplicate form of application (Form 1)
- The complete or provisional detail in duplicate (Form 2)
- Duplicate abstract of the invention.
- Duplicate data & undertaking of
- Number list,
- The Latest date &
- The Latest status of every foreign patent application (Form 3).
- Power of attorney.
- Priority details in law of application.
- Inventor-ship declaration (Form 5).
- Fees in the form of a Cheque/ cash/ demand draft.
Are there any benefits of registering a provisional patent?
Yes, there are numerous benefits to file a provisional patent. They are as follows:
- Less legal & formal requirements
- Has less stringent rules
- Can be filed in 12 months after applying
- Requires write up regarding the invention
- Makes innovation liable protect foreign priority
- Works as a short-term solution to monetize & promote inventors’ ideas.
A prominent example of patent in India
Basmati Rice Patent
RiceTec Inc received a patent in late 1997. It was from the US Patent & Trademark Office. The patent was for a “new grain” called “BASMATI”. There were three companies that objected to RiceTec for the use of brand Basmati rice. They developed the rice from Indian rice but not with the same quality as Basmati.
This was inquired as an offense of GI’s concept. It misled customers & resulted in un-allowance of patent rights.
The Government grants an inventor’s right to control his invention called Patent. It is an exclusive right to enjoy monopoly over the idea.
A web portal is set up by the Indian Patent office to e-file the patent. This portal offers the facility to make an interaction between stake-holders & patent offices.
Q1. How much time is needed to grant a patent?
It takes up to 5 years to grant a patent.
Q2. What is the time-period for patents in India?
The duration of every Indian patent is 20 years. It is from the filing date of a patent.
Q3. What is a Provisional Specification?
PS is filed if anyone is not ready with the full invention. But, he/she wants to have an early filing date.
Q4. From where should I take the info for a granted patent application?
The patent application info gets publish in the Patent office Journal. You can take the info from the Patent Office website. The website is www.ipindia.gov.in.
Q5. Do I need to get a subscription for the copy of the patent office journal?
No, you don’t need to contribute for the patents’ office journal copy. You can take the info free of cost on the website.