Patent Registration In Chennai

Secure legal government rights for your innovative concepts, including novel methods or inventions, through patent registration. Protect your intellectual property, assert exclusive ownership over groundbreaking ideas, and rely on IntellectoFilings for expert assistance in obtaining patents.

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Overview of Patent Registration in Chennai

Patent registration in chennai offers the originator a statutory government right to his or her idea, which might be a new technique or product. Unauthorized third parties are prohibited from making or manufacturing, utilizing, offering for sale, selling, importing, distributing, or licensing the invention under the terms of the registered patent.

What exactly is the patentable subject matter?
The following list can help you determine whether or not your concept is patentable:
  • uniqueness
  • Innovation
  • Creativity
  • Application Software
  • Must not come under Sections 3 or 4.
The Patent Act of 1970 and the Patent Rules of 1972 govern patents in India. However, inventions must not have been published in India or outside of India, must not have been previously known or be actively in use in public within India, and must not have been claimed before in any specification in India.

Benefits of Patent Registration in Chennai

Inventor’s Rights are Granted Because the inventor controls all of the rights, a registered patent keeps the opponent at bay.

A favorable market reputation: By making the idea public, the inventor may get commercial recognition and expand his portfolio. It then helps him create favorable connections with clients and rivals, which finally leads to a rise in his revenue.

Boosts commercial interest: Patent registration in Chennai protects the registered patent holder’s business interests and enables the registered patent holder to receive a premium for the innovation.

Patent rights are open to the public: Allowing for public visibility, which helps the inventor build his portfolio while also raising cash, market value, and commercial partners. The innovators’ skill and mastery of the technical field will be demonstrated by publicly disclosing specifics about the proposal. All of these elements help the owner by attracting high-level investors, shareholders, business partners, and customers.

Provides you with legal standing: Patent registration in Chennai confers legal status to the inventor. Licensing them makes sense as a result.

Fundraising: When a patent holder is willing to sell or license his or her patent, the process of raising funding becomes easier.

Improves credibility: The inventor’s reputation will grow after the patent is registered.

Advantages for Return on Investment: When the owner realizes that his idea isn’t working for him, he may desire to pass it on to another deserving or successful person. Once awarded, the patent rights allow him to commercialize the concept and earn a high ROI (return on investment).

Long-Term Advantages: Selling the innovation will give the developer several advantages. It only helps acquire a 5% royalty, however, it is incredibly advantageous to inventors who have the notion but lack the necessary cash to commercialize the discovery themselves.

Limitations on the Use of Registered Inventions: Registered Patents make it unlawful to utilize a patentee’s inventiveness without the patentee’s permission. In the case of a breach, it also assists in suing the third party.

Access to Exclusive Early Filing: Patent registration in Chennai helps inventors from the moment the patent application is filed. The applicant obtains confidence and security that no other person or company will claim ideas similar to his invention as soon as he submits the Provisional Patent Application.

The Ability to Change: During the term of the patent, the owner is free to use his ideas in any way he sees fit. It means that the owner has total freedom to use, sell, or modify the original product, as well as to prevent others from benefitting from the same ideas without his consent.

What are the Elements of a Complete Specification Required for Patent Registration?
  • Introduction and title
  • Previous Art
  • Gaps in Prior Art
  • Drawback Solution
  • Summary of the Invention
  • Statement of invention
  • The innovation’s specifics
  • Drawing Specifications
  • Case Studies
  • Claims

Documents Required for Patent Registration in Chennai

The following forms and papers are necessary for patent registration in Chennai:

1) For the FORM-1 (Application for Grant of Patent)

  • Address Proof of the Inventor and Assignee.
  • Contact Information
  • Information matching past patent applications submitted by you or any authorized organization relevant to the current invention
  • Some statements, among other things.

2) Form-2 (Provisional/Full Specification)

  • Form 2 is where you will submit your patent specification. Depending on the type of patent application you are filing, it may be a provisional or a complete patent specification.

3) For the FORM-3 (Statement and Undertaking under Section 8)

  • Assignment Specifications
  • Foreign filing specifics.

4) Form 5: Declaration of Invention

This application is intended to announce the present patent application’s inventors 5. For Technical Information

5) The Origins of the Invention

  • Disclosure of the invention’s need
  • Synopsis of the Invention
  • An explanation of how the invention works.

6) Request for Examination on Form-18.

7) Request for Early Publication on Form-19.

8) Form 26: Power of Authority Disclosure (If assigned to the Patent Agent)

9) Request for Publication: If the express publication is necessary, complete this form (form 9).

10) Other Information

  • Claims and Abstracts Disclosure
  • Statutory fees (cheque / DD) are required.
  • Proof of Right to File the Patent Form:
  • An endorsement after the application or a separate agreement attached to the patent application might serve as proof of entitlement.
  • Start-up or MSME certification
  • If complete specifications are not available, provisional specs are used.
  • In the following situations, a priority document must be filed:
  • Convention Implementation (under Paris Convention).
  • PCT National Phase Application in which the conditions of Rule 17.1 (a or b) have not been met.
  • If the Application is for biological material collected in India, the applicant must get clearance from the National Biodiversity Authority at any point before the patent is granted.
  • The Application form should also explicitly disclose the geographical origin of any biological material included in the specification.
  • All patent applications must include the applicant’s or authorized person’s or Patent Attorney’s signature, as well as their name and date.

Process Of Patent Registration in Chennai

  • Application for a registration grant
  • Specification (provisional/complete)
  • Section 8 Statement and Undertaking
  • Inventorship Declaration
  • Application for publishing
  • Request for Examination of Patent Application
  • Patent Agent Authorization

Step 1: Hire a Professional

Before filing a patent application, you must decide whether to hire a patent professional or conduct the patent procedure on your own. Given the multitude of deadlines, it is recommended that you consult with a patent specialist. If you decide to engage a professional, make sure you sign a non-disclosure agreement (NDA) with the patent specialist before providing any details about your concept.

Step 2: Search for Patentability

The patentability search is the initial stage in the patent registration in Chennai process. A patentable search determines the invention’s uniqueness, creativity, industrial applicability, and enablement.

Step 3: Create the Patent Application

If the invention is patentable after a patentable search, an applicant must create an application that contains a description of the invention. The first step after drafting a patent application is to file the patent application.

Step 4: Apply for a Patent

The next step is to submit a patent application. An application must include the invention’s specifications as well as other necessary and relevant facts. To get a Patent registration, an applicant must file both a provisional and a full application for their idea.

Step 5: Application Publication

The application is then submitted to the Indian Patent Office. The Indian patent office simultaneously publishes the patent application in the official patent journal. In addition, when the patent office publishes the patent application, it becomes public domain.

Every application is published in the official journal after the 18th month from the date of filing or the date of priority, whichever is sooner. By submitting a formal request, an Indian Patent application might be published early. The prohibition against early publishing does not apply if:

  • Section 35 of the Act imposes confidentiality orders.
  • The application has been withdrawn following Section 9(1) of the Act.
  • The applicant withdrew his application three months before the stipulated time of 18 months expired.

Step 6: Examine the Application

The patent application is examined after it has been published. The examination, unlike the publishing of the application, does not occur automatically as a result of filing the Indian patent application. It aids in deciding whether or not the invention satisfies the statutory conditions for patentability. The examiner reviews the application in light of the invention’s previous art information.

Step 7: Examiner’s Objection

While reviewing the application, the examiner may make concerns. The examiner examines the application following the Patent Act. The examiner will produce an examination report for the applicant based on the information mentioned in the application. All objections to the application shall be stated by the examiner.

Step 8: Office Action Reaction

Once the examiner produces the Examination Report, the applicant must effectively respond to the examiner’s objections to secure a patent award. The applicant must react to examination reports, attend hearings, and so forth.

The applicant must request that their patent application be examined.

Note: The maximum time allowed to react is six months from the day the First Examination Report is issued. This time might be extended for additional three months by submitting a request to the IPO.

Step 9: Patent Registration Grant

The patent office will give the applicant a patent once the application has overcome all of the examiner’s objections. When a patent is awarded, the IPO publishes it in the patent gazette.

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Our clients may also keep track of the development on our platform at all times. If you have any queries concerning the Patent Registration in Chennai procedure, please contact one of our knowledgeable specialists. Client management will guarantee that your interactions with professionals are pleasant and smooth.

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  • Questions About Patent Registration in Chennai
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  • Get your patent registration right at your door

FAQ

Is a Patent Registration application automatically investigated after it is filed?
A Patent Registration application is not automatically investigated after it is filed.
Can the patentee pay the remodeling cost all at once, or must he pay it every year?
The patentee has the option of paying the renewal costs annually or in one lump payment.
Does India have an International Depository Authority?
Yes, an ‘International Depository Authority’ has been formed in India at Chandigarh, known as the Institute of Microbial Technology (IMTECH).
Were any novel forms introduced?
Because of the Patents Act, 1970 Amendment 2016, Forms 18A, 29, and 30 have been newly demonstrated. In addition, the Patents (Amendment) Rules, 2019, revised Form 18A.
What are the Patent Office Journal indexes?
The Patent Office Journal contains information about patent applications issued under Section 11A, post-grant publication, patent restoration, notifications, a list of non-working patents, and public notices published by the Patent Office.
Is there a provincial authority in India for submitting a patent application?
Yes, India has four patent offices, one each in Kolkata, New Delhi, Mumbai, and Chennai. Each office has its provincial jurisdiction.
Does the Patents Act provide a provision for early notification?
Yes, the applicant can request the early publication in Form 9 and pay the required price. Following receipt of such a request, the Patent Office publishes such an application within one month, assuming that the invention included therein is not related to atomic energy or a defense system.
What happens if an applicant is unable to satisfy the requirement within the time frame specified?
If the applicant does not respond within six months or does not request a three-month extension, the request is presumed abandoned.
Is there a charge associated with filing such a description for pre-grant opposition?
No, there is no price for filing a pre-grant opposition description. This may be filed by anybody.
Where may I file representation for pre-grant opposition?
Section 25(1) of the Patents Act of 1970 specifies the grounds for launching a pre-grant objection.
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