Patent Registration for Individual

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Documents required for filing a patent in India

Below are the documents required for registration of patent:
  • Application form in duplicate (Form 1).
  • The provisional or complete specification in duplicate. However, it must be followed by the complete specification within 12 months (Form 2).
  • Drawing in duplicate (if necessary).
  • Abstract of the invention in duplicate.
  • Information and undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
  • Priority document in convention application, when directed by the controller (if the priority date is claimed).
  • Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of the convention. PCT national phase application (Form 5).
  • Power of attorney (if filing patent through an agent).
  • Fees (cash / demand draft / cheque).
Patents are rights granted to an inventor by the government which allows them to exclude all others from making, using or selling their invention for a period of 20 years. The patent system is designed to encourage those inventions which are unique and useful to society.    

Who can file a patent application?

A patent application can be filed by:
  • The true and first Inventor
  • The assignee of the Inventor, or
  • Legal representative (in case of a deceased inventor).

Types of Patents

There are mainly three types of patents, they are:
  • Utility Patents: The functional utility of an invention is protected.
  • Design Patents: The innovative design is protected. 
  • Plant Patent: This patent is granted for a variety of plants made by asexual reproduction of plant varieties. 
 

Fees for Filing Patents in India

Below is the fee structure for the renewal and filing of patents along with the link to the official government website and its fee structure.  
Sr.No. Description  Natural Person Small entity Other than small entity Comment
1 Application for grant of patent 1600 4000 8000 Compulsory
2 Early publication fees 2500 6250 12500 Optional
3 Request for examination of patent application  4000 10000 20000 Compulsory
4 For every extra sheet over 30 sheets 160\sheet 400\sheet 800\sheet Compulsory
5 For every extra claim over 10 claim 320\claim 800\claim 1600\claim Compulsory
http://www.ipindia.nic.in/writereaddata/Portal/IPOFormUpload/1_11_1/Fees.pdf 

Patent infringement

Patent infringement means a violation of the exclusive rights of the patent holder. Below are a few reasons which may cause infringement:
  1. The colourable imitation of an invention.
  2. Immaterial variation in the invention. 
  3. Mechanical equivalents. 
  4. Taking essential features of the invention.
 

Authority for registering patents in India

The office of the Controller General of Patents, Designs and Trademarks (CGPDTM) is the appropriate authority for registering patents in India.  

Headquarter of Patent Information System in India

The headquarter of the patent office is at Kolkata while its branch offices are located at Chennai, New Delhi and Mumbai.

How does Taxolawgy help you with Patent registration?

  • Provides free consultation by our team of experts.
  • Connects with highly qualified lawyers, who:
    • Help you draft and file patent applications hassle-free
    • Solve all your queries
    • Help you submit the correct paperwork.