Patent
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Services we provide under Patent
- Indian Patent Search
- Provisonal Application
- Permanent Patent
Indian Patent Search – Overview
With the help of a patent, the owner can stop others from making, utilising, importing, or commercialising their invention without their consent. A thorough investigation is done to ensure that the developed system or process is original before granting a patent. In order to do this, the patent authority of the country’s whole database must be searched for a specific project that is identical to the applicant’s discovery.
In order to find patent applications that are identical to or comparable to the invention being patented, a patentability search entails looking through the patent database. To increase one’s chances of receiving a patent registration or to find out about new innovations that are patentable, one might perform a patent search.
The Value of Patent Search India
A patent search can help with multiple objectives before filing a patent application. It can help in
- Calculating the likelihood of a proposed invention receiving a patent
- Selecting which patent rights to incorporate into the patent application
- Determining operating freedom
- Determining whether a granted patent can be declared invalid
- Knowing more about related inventions and the status of related patent filings.
Indian Patent Search In Case Of Infringement
The applicant and their finding will enjoy exclusivity once their patent application is registered. The patent attorneys get thousands of applications for patents each year. The rejection of patent applications frequently has several causes. The fact that the specific invention is comparable to one that is already widely used is one of the main causes. It is strongly advised to conduct a thorough patent search in India using Spinach Laws in order to prevent the problem. All publications, current inventions, and patent applications will be examined by our experts.
Documents Required for Patent Registration in India
For patent filing in India, the following documents are mandatory
- Detailed specifications (in English)
- Diagrammatic representation of your inventions
- Names, addresses, and nationalities of the inventor
- Applicants’ names, addresses, and nationalities
- If the application is filed with the help of a patent attorney then legal authority should be submitted
- The signature of the inventor has to be present on all the assignment date and application form
- Along with this data all the information regarding similar applications filed in different countries has to be provided
- The priority application to be verified in English (required for convention applications)
- And a verified PCT application in English should be submitted. The verification can also be conducted by a patent agent on behalf of the applicant
- Any form of priority application should be provided on the request of the controller. This is technically followed for convention applications but in some cases it is also used for national application
- List of sequences in computer-readable text format (if any) (There is no need to submit a print form)
- If the patent involves usage of any form of biological material then it should provide a return permission from the national biodiversity authority.
Benefiits of Patent Registration in India
Patent filing in India provides major advantages.
- The patent is seen as a form of incentive and is used to provide exclusive rights to the inventor. Whenever an applicant receives a patent they enjoy complete rights over their invention. This protects the invention from being copied or used illegally without the inventor’s permission
- The registered patent can be used as an intellectual property by the inventor. The inventor has the rights to transfer the patent or sell it as per their will. The patent holder can effectively protect their rights
- Patents being a form of intellectual property can be sold, brought and leased out as per the holders will
- The patent holder can also transfer it in the form of an asset or property to another person
- A patent protected commodity definitely improves a particular perception from the masses and propels business. Having a patent provides rights for the company to charge a premium amount for their commodity
- By registering a patent the holder gains major power for a period of 20 years and more.
Patent Filing Online in India
It is mandatory to register your patent as soon as possible. The person who has a patent for the invention first hand gets major authority rather than the person who invented it. Spinach Laws can assist you with e-filing of a patent in India. You can file both temporary and permanent patents with us.
Initially You must offer all necessary documentation when applying for a design patent. We will look into all possible details, such as the invention’s potential applications across industry sectors and benefits over existing products. Subsequently We will complete the registration. Our patent attorneys will help you throughout the process.
Why Spinach Laws ?
Spinach Laws offers the best patent search services in India. The process is extremely simple.
- Reach out to experts at Spinach Laws . Our expert patent attorneys will get in touch with you soon and resolve all your queries regarding patent search. Subsequently you should provide all the required documentation for conducting an in depth patent search
- Make sure to provide the uses of the invention, advantages over the present products, and other crucial information. Analysing all the data, our experts will conduct a patent search. Based on various factors the overall time required to conduct this patent search will be determined
- As soon as the patent search is completed the patent status will be analysed and the information will be shared to the applicant. You can easily register your patent in India through Spinach Laws experts.
What Is a Provisional Patent? – An Overview
A provisional patent is an application informing the corresponding authorities regarding the innovation and its ownership. It protects innovation and the applicant. This is filed for a short term with the patent office. According to the experts, it is a good idea to file provisional patents online to get an early filing or priority date.
The requisite patent filing date can be swiftly obtained with the use of provisional patent applications. Filing a provisional patent application online is a demanding process. The real patent application has to be filed with the patent office within 12 months from the date of filing a provisional patent application. Subsequently, the applicant will be protected by the patent despite another opposition party submitting an identical patent application post innovation.
Reasons for Filing Provisional Patent Application Online
Filing a provisional patent application online can come handy when an invention is certain but will likely require additional improvements that can be completed within a year. In this scenario it is a great opportunity to file a provisional patent application India It is essential to finish the innovation within a year so that the original invention detailed in the online provisional patent application can be used before it expires and so that the non-provisional patent can be submitted with enhancements. It basically provides time and protection for the applicant.
Things to Keep in Mind When You File Provisional Patent Online
Before filing a provisional patent make sure to get through all the requirements. Applicants should take the following factors into account.
- An invention’s limitations are set down in a formal, legal document known as a patent. The filing of the entire patent specification results in no new parts being added between the patent specifications
- Filing Provisional patent application online will nullify the effect of the latest innovation made after the date of the initial filing. The latest innovation will not be taken into consideration or will not be held legit. It will not have any form of advantages or legal support
- In this case, the pattern will be completely abandoned if the original patent is not submitted within the time frame. As per the rules and regulations, the original patent has to be submitted within a year of filing a provisional patent
- The patent will be abandoned if the entire specification is not submitted within the given time frame. Within a year of filing a Provisional Application online, a comprehensive description of the complete invention should be submitted.
- Confidentiality will be maintained even after filing a provisional patent application, however, important disclosures must be made during the provisional specification stage because incomplete applications would negatively impact the applicant’s chances of moving forward in subsequent stages
- To properly comprehend the innovation and its advantages, a foundational set of claims must be written
Documentation Needed for Online Provisional Patent Application
Filing a provisional patent application online requires the following documents:
- Forms 1–5
- If you submit the patent through an online agent filing service is required then provide Form 26
- For comparable declarations and projects relating to foreign patent applications, file Form 3
- Application materials for conventions when the priority date is asserted
- Images of the invention.
Differences Between Trademark, Copyrights and Patent
There are enough differences between trademark, copyright and a patent. Here is the table that shows all the difference for you to refer to:
| Trademark | Patent | Copyright | |
|---|---|---|---|
| What’s Protected | Any word, phrase, symbol or design that recognizes and differentiates the source of one party’s goods from those of another. | Inventions, such as procedure, manufacturer, composition, machines of matter as well as improvements to these. | Books, articles, music, photography, sculptures, dances, sound recordings, motion films and other original works of authorship. |
| Requirements for Protection | A mark must be distinguishable, in the sense that it must be able to identify the source of a certain good. | A fresh, valuable, and unusual invention is required. | A work must be unique, original, and created in a tangible manner. |
| Term of Protection | As long as the mark is used in commerce. | 20 years | Author’s lifespan +70 years. |
| Rights Granted | Right to use the mark and to prohibit others from using identical marks in a way that could create confusion about the goods or services’ origin. | Right to restrict others from manufacturing, selling, or importing the patented invention. | Copyrighted works have the power to dictate their reproduction, creative works, circulation, public performance, and display. |
Apply for a Provisional Patent
Step 1: Complete the Invention Disclosure Statement
Spinach Law follows a proper three-step procedure for filing a Provisional Patent application online. The complete process to file a provisional patent online is discussed in detail below.
Filing a provisional patent application online is necessary to protect your invention. You must make sure that your application for a provisional patent is submitted by the appropriate date. This will stop someone from stealing your concept. As per our experts, it is mandatory to file a provisional patent application even if your invention is not completed or you are not yet prepared for a full nonprovisional patent.
The invention can thereafter be referred to as ‘patent pending. An idea is protected by filing a provisional patent application online while the inventor works to develop and enhance it. To finish the procedure, use these steps!
- Describe how you answered the following IDF questions.
- The issues you’re trying to explain
- Existing issues and solutions for the same
- Specifics of your invention’s technical specifications
- The functionality of the technical features.
Step 2: Combining Your Inventions
This phase may take two to three iterations based on the situation.
- Provide details about any alternatives to the indicated remedy
- We seek new technical features on an IDF form
- To educate the impression for originality examination and explanation rehearsal.
Step 3: Find Something Novel
It aids in the discovery of novel, distinctive technological traits. At Spinach laws we inquire for globally available editions to see whether any published articles with similar or comparable technical details prevail.
Step 4: Writing the Provisional Patent Application Requirements
We move to create the innovation that particularly addresses it after the invention’s originality is confirmed.
Step 5: Documenting the Forms
Every form that is required for filing a provisional patent application online will be collected and submitted along with the patent specification. This is selected in light of the scenario.
Step 6: File Provisional Patent Online
When everything is prepared, we apply and make the required payments. The Patent Office will make the online provisional patent application number public. Get in touch with Spinach Laws if you want to apply for a provisional patent quickly.
Provisional Patent Requirement
Follow these steps to learn about what’s required to apply for a provisional patent
- A description of the invention in writing
- Any necessary invention drawings or images
- The complete identities of each inventor
- Filing fee
- A declaration or digital file
- The application asks for a temporary patent
- Name of the founder
- Location of the author
- Name of the invention
- Registration evidence for an attorney or dealer including similar address and docket number, if applicable.
Information Present in Provisional Patent India
- The name of the new idea, concept, or technique
- Provisional patent requirements and regulations (Note: A section on claims is not required in a provisional specification.)
- What is the type of innovation? (Note: The definition of innovation should not be confined and limited)
- The invention’s priority and purposes.
Document Required to File Provisional Patent Online
Different forms and documentation must be submitted with a temporary patent application. When filing a provisional patent, the following forms must be submitted.
- Form 1: A patent request should be made using this form. It must be signed and submitted before six months of filing a provisional patent. The applicant must fill out this form completely before signing it, including all pertinent information and the names of the inventor, and the type of innovation.
- Form 2: These forms’ specifications are provisional. The words ‘provisional patent’ must be written alongside the applicant’s name and job title. This format must also be used to describe the innovation.
- Form 3: Submit comparable international patent applications
- Form 5: This form contains the statement of inventorship
- Form-26: A power of attorney for the patent agent has to be provided. Within six months of the application’s filing, it must be submitted.
- Form-28: The innovation’s design, drawing, or sketch must be supplied with the same details (not required in the case of a process).
Advantages of Filing a Provisional Patent Application Online
The online provisional patent application provides multiple advantages when compared to the manual process. As the application for provisional patent process serves the first commers, it’s best to initiate the process online. One can reap the following advantages by opting for filing a provisional patent application online.
- Cost-effective: The Act includes a provision for provisional patents to guarantee that the investor or innovator has time to gather the cash required to petition for a full patent or hire a patent agent. Compared to filing for a full patent, a provisional patent is substantially less expensive.
- Twelve-month protection: When a provisional patent application is submitted and accepted, twelve-month protection is granted starting on the date of the initial filing. This guarantees that they have time to complete whatever is necessary before acquiring a full patent or can continue to develop their innovation.
- Dates of the patent application: The filing date is important when attempting to obtain a patent. The previous application with an older filing date is provided a greater priority over the latest applicant.
After filing a provisional patent, investors and inventors may use the tag ‘Patent Pending’ to assess the commercial potential of their unique design or approach. If a holder of a provisional patent in India decides not to pursue a full patent any longer, they may do so without worrying about the accompanying costs.
Provisional Patent Application Filing Fee
The official patent application filing fee is ₹1,600 for an individual, ₹4,000 for a small entity, and ₹8,000 for a large entity. The cost of an attorney to draft a provisional patent application india can be between ₹20,000 and ₹35,000. If you intend to market your concept, procedure, method, or invention, you should probably apply for protection. The need for protection and the markets you will work in will determine security. So a patent is what we need to protect our innovation.
Why Apply for a Provisional Patent in India through Spinach Laws ?
Our team of experts have experience of handling all the legal specialists and the paperwork for more than 1000 firms and Limited Liability Partnership companies each month. So you can get all your queries resolved in just a single call. Feel convenient and comfortable boarding with Spinach Laws .
Our team will handle all the documentation, and ensure a seamless relationship with the authorities. We furnish clarity respecting the incorporation procedure to help people in having acceptable intentions
The greatest legal assistance is available in India for filing a provisional patent. Contact us right now to apply for a provisional patent at the comfort of your house.
How to apply for a patent in India?
Spinach Laws can assist throughout the Indian patent e-filing procedure. You can file both provisional patent and permanent patent applications with us.
Examination of Details
Initially To apply for design patent you will have to provide all the required documents. We will examine all the possible details, including potential uses of the invention across industries and the benefits over existing products.
Drafting of Application
We have registered patent agents who will take up your request and draft the application for design registration.
Filing of Application
The drafted document will be filed with the registrar and, on acceptance; you would be able to use ‘patent pending’ on your product any time during the next year. You can also check your patent application status on our user-friendly online portal for patent registration from time to time.
What is a Patent Filing?
A patent is a right granted to an individual or enterprise by the government which excludes others from making, using, selling, or importing the patented product or process without prior approval.
Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a fairly complicated ordeal, however, with the right legal guidance, it can be done easily. Any business entity or an individual who believes in securing their patent should get a legal consultation from expert patent practitioners such as ours. Spinach Laws helps you with the simplest way for Patent Registration.
A patent can be filed by any individual or business that wants to protect an invention or an idea. An invention can be a new product or a new process.
Benefits of Patent e Filing in India
The following are some of the advantages of patent filing in India:
- A patent is a form of encouragement for innovations and inventions. Once an applicant is granted the patent, he or she becomes the exclusive owner of the invention or the idea
- Patent Filing in India is important for a business as the patent restricts its competitors from copying, selling, or importing its intellectual property without prior permission. This way the patent holder can protect their patent rights in support of the existing laws of the land
- Patents can be sold and licensed like other forms of property
- A patent is just like any other intellectual property and can be transferred by the inventor
- A patented product is likely to improve brand perception and potentially enable your business to charge a premium
- With exclusive patient rights, the owner of the patent controls the use of the invention for twenty years or longer.
List of Documents for patent registration in india
- Application form in duplicate (Form 1)
- The provisional or complete specification in duplicate. If the provisional specification is filed, 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 & undertaking listing the number, Patent filing date, & current status of each foreign patent application (if such exist) in duplicate (Form 3)
- Priority document (if the priority date is claimed) in convention application, when directed by the Controller
- Declaration of inventor-ship where the provisional specification is followed by complete specification or in case of convention/PCT national phase application (Form 5)
- Power of attorney (if filed through any patent agent)
- Fees (to be paid in cash/by cheque/by demand draft).
How to apply for a patent ?A Step-by-Step Guide.
For design registration in India, you must submit the specified forms at the patent office. If you own a digital certificate of Class 3, you can easily submit it online.
In the case of online applications, the patent office will be charging an additional 10% as the fee. The step-by-step process of how to patent your idea or invention/intellectual property is mentioned below:
Step 1: Patent Search
For a successful Patent Registration in India, you need to ensure that your invention/idea is non-obvious and unique. Carrying out a patent search will help you to ensure this and also to avoid lengthy official procedures. You can search for yourself or can take professional help from experts. You can also conduct a patent search with the help of experts.
You may skip the below-mentioned steps if you come across a similar patent registered already.
Step 2: Apply for design patent
For patent e filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of drafting a patent specification is a specialized task that can be done best by experienced professionals only.
- Ideation: Here, you need to pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.
- Visualisation: Visualise your idea and elements in the form of diagrams that explain more about the invention.
- Verification and Patentability Search: The next step is to verify whether your invention is patentable as per provisions mentioned in the Indian Patent Act. Your ideas/inventions must meet the patentability requirements such as:
- Novelty
- Non-obviousness
- Usefulness
- Patentable subject matter
Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called the provisional patent application.
Step 3: Preparation of a Patentability Report
Authorized patent professionals or patent agents will then do extensive research and prepare the patentability report that contains the analyses based on the above-mentioned criteria. You should also attach all the specified documents along with the patent application. Have a thorough check on the documents before submission, to avoid any rejection in the future.
Step 4: Publication of Patent Application
The application is then published in the Patent Journal within 18 months. A request for early filing of the patent application can be made along with a prescribed fee.
Publication of Filed Patent
- For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the patent journal
- The publication of a filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised
- To get the patent published in advance, the applicant has to initiate a formal request and it will get published within 1 month of the request
- The publication date does matter the most as the inventor is entitled to protect his work legally, immediately after the publication.
Step 5: Patent Examination
There would be a formal submission of a request for the patent examination which must be filed within 48 months from the first filing of the patent (provisional patent or complete patent). If the applicant fails to file within the time frame specified in the Patent Act, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
Step 6: Patent Objections
It is common for patent applicants to receive objections, like “inconsistent or unclear claims” or “inventions lacking novelty”, etc. Hence, it is mandatory to analyze the patent examination report and draft a proper response to the objections.
Step 7: Grant of Patent
Once all the patentability requirements are met, the notification to grant a patent will be published in the patent journal.
What Are the Benefits of Filing a Provisional Patent Application Before Filing a Patent Application?
A provisional patent application secures your date and work. This means that none of your competitors can file for a similar invention once you file for a provisional patent application.
- As India follows the first-to-file system, this ensures that the holder of the provisional patent stand a good chance of being granted the permanent patent
- There is a buffer time of 12 months to further develop your invention and to specify the complete details. The application gets abandoned upon expiry of 12 months of the application
- The cost and resource involved for provisional patent application are less when compared to the permanent patent
- The provisional specification helps you assess the market potential of your invention before taking the final plunge and filing a complete specification
- Once you are ready with your R&D and your invention’s detailed specifications, you can go in for a complete patent application.
Patent Registration Facts That Will Astound You
Let us look at some fascinating patent facts:
DePenning & DePenning and Indian Intellectual Property Law
On 3 March 1856, George Alfred DePenning, a civil engineer and inventor from Calcutta, India, submitted a petition for exclusive privileges under this Act for his invention, which he named ‘An Efficient Punkah-Pulling Machine.’ This was the first petition filed under the Act, and it was given the number No.1 of 1856.
George DePenning’s personal experience with these petitions made him aware of the difficulties that other inventors face when it comes to patenting new innovations. Therefore, he decided to offer his services to them. As a result, DePenning & DePenning was established in 1856.
DePenning & DePenning is not only India’s oldest IP firm, but also the only one that has been in continuous operation for over a century. Thanks to a business strategy based on a wise blend of a strong local presence and strategic contacts at the regional and global levels, it today ranks first in size and experience, servicing clients all over the world.
Basmati Rice Patent
In late 1997, Ricetec Inc, a US-based international corporation headquartered in Texas, received a patent from the US Patent and Trademark Office (USPTO) for a ‘new grain’ called ‘Basmati.’
The Research Foundation for Science, the Centre for Food Safety, and the Centre for Scientific and Industrial Research all objected to RiceTec’s use of the brand Basmati for rice developed from Indian rice but not of the same grade as Basmati.
This was found to be a violation of the concept of GIs (Geographical Indicators) and hence a misrepresentation to customers, resulting in the denial of all granted patent rights.
Turmeric Patent
Two Indians from the University of Mississippi Medical Center received U.S. Patent No. 5,401,504 in 1995 for the ‘Use of Turmeric in Wound Healing.’ The claim was for ‘a method of enhancing wound healing by providing turmeric to a patient suffering from a wound.’ This patent granted them exclusive rights to market and distribute turmeric.
In 1996, CSIR India petitioned the USPTO to revoke the patent due to the existence of patent claims. Documented evidence of traditional knowledge was provided by the CSIR, which included ancient Sanskrit writings and a report published in the Journal of the Indian Medical Association in 1953. The patent was cancelled in 1997 when the USPTO determined that there was no innovation.
The Glossary
Abstract
The section of a patent that provides a brief summary of the invention described in a patent.
Application
A document submitted to the patent office of a country to describe an invention for which a patent is sought.
Claim
A statement that defines the invention protected by a patent.
Intellectual property
A generic description encompassing patents, trademarks, copyrights, and other available forms of protection for the products of mental work.
Licence (of patent)
An agreement, usually in writing, in which the owner of a patent grants to another party the right to practice the patented invention without giving up ownership of the patent. A licence may be granted to the party on an exclusive or nonexclusive basis.
Novelty
A basic requirement for a claimed invention to be patentable.
Priority (claim to priority)
The claim in a patent application to the benefit of the filing date of an earlier filed patent application for the same invention.
Rejection (of claim)
A statement by an examiner that a claim in a patent application is not patentable for a reason specified by the examiner.
Specification
The portion of a patent application that describes in writing the invention, including the background of the invention.
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