Patent Registration
After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972
A patent is an exclusive right for an invention provided by the law for a limited time to the Patentee. By patenting an invention, the patentee is able to control the making, using, selling or importing of the patented product or process for producing that product without his/her consent. For an invention to be patentable in India, the invention must be a new product or process, involving an inventive step and capable of being made or used in the industry. Patent registrations have a validity of 20 years from the date of filing of a patent application, irrespective of whether it is filed with provisional or complete specification.
Patent registration applications are handled by the The Patent Office, Controller General of Patents, Designs & Trade Marks. Patent applications can be filed electronically with provisional or complete specification, at the appropriate Patent Office. The patent could be for many things, be it process, art, a method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. We, at Benchmark Professional Services Pvt Ltd, act as a patent agent and helps companies register themselves in India.
Provisional Patent
One of the most important legal document while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. Hence, provisional specification are akin to draft specification filed mainly to secure a priority date for the application over any other application which could be filed in respect of the same invention being developed by a competitor.
A Provisional Patent application is an interim step on the road to a patent. It is effective because by filing an appropriate provisional patent application a person can market the invention without fear of losing his patent rights, procuring cash to proceed with development and further patent operations. One of the most important legal documents while applying for patent registration is provisional specification or complete specification. To increase the chances of obtaining patent registration, a provision specification can be filed along with a patent application if the applicant feels that the invention has reached a stage wherein it can be disclosed on paper, but has not attained the final stage. A provision specification must contain the title and description of the invention. The description should start from the second page, starting with the field of invention and containing the background of the invention, an object of the invention and statement of the invention. In the provisional specification, claims are not included. Claims are normally included only in the complete specification.
The average time taken to file a provisional patent application is about 15 - 20 working days, subject to government processing time and client document submission. Benchmark can help you file a provisional patent application in India. The average time taken to file a provisional patent application is about 15 - 20 working days, subject to government processing time and client document submission. Get a free consultation on provisional patent application filing by scheduling an appointment with an.
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