Patent Registration Advisory services in India| [2022]- Onfiling

    Patent Registration

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    Patent registration helps in the protection of an invention, a product, or a process that brings a new technical & useful solution. It is a government given exclusive sight granted to a person who has created it and is governed by the Patent Act, 1970. We at Vireza Onfiling Services provide complete professional guidance for the registration of patents in India. Also if an inventor wants to secure its invention worldwide, an application must be filed as per the Patent Corporation Treaty (PCT). Connect with us now and know the process in detail.

    Steps to Start

    Let's Complete The Process in 4 Simple Steps

    1

    Connect

    Connect with Onfiling Experts by filling up the query form as per your services requirements, our team will contact and explain you the complete process of required service in simple terms.

    2

    Submit

    As per the discussion with Experts you can submit the documents through email to the concerned person with 50% professional fees and the complete government fees for the services.

    3

    Draft

    Once your documents are submitted, our team will draft the required forms as per the documents shared and will send you back for the final review before submitting to authorities.

    4

    Complete

    Once you give confirmation our team will file the documents and give you acknowledgement. Once application is approved by authorities you will get the required certifications without any hassle.

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    Book Free Consultation with Onfiling experts now or you can refer to our detailed information to know about the process.

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    FAQs

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    Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace 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 organised by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34).

    As prescribed by Indian Patent Act, an invention is patentable subject matter if it meets the following criteria - i) It should be novel. ii) It should have inventive step or it must be non-obvious iii) It should be capable of Industrial application. iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970.

    A patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination in Form 18 either from the applicant or from third party or Form 18A for expedited examination (under conditions as prescribed in the Rules).

    An invention which is new, involves inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under sections 3 and 4 of the Act.

    Ordinarily, under the following circumstances, it is not necessary to obtain prior permission from the Patent Office to file patent application abroad: (a) Applicant is not Indian resident and invention is originated abroad about. (b) If the applicant is Indian resident and filed patent application has been in India before filing the application outside India and six weeks period is over from that date. (c) The invention does not belong to Atomic Energy or defence purpose.

    In India, patents are governed by the Patents Act, 1970 (No.39 of 1970) as amended by the Patents (Amendment) Act, 2005 and the Patents Rules, 2003.

    As stated by WIPO, “Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global patent. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within or before 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”.

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