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What is a patent?

A patent is a legal right provided by the special body of the government to an inventor. It enables the inventor exclusive control over the production, use, and sale of the invention for a period of 20 years from the date of application filing. So, in this period, nobody will be able to copy or produce the product without your consent, even if they know the formula to produce it.

What can be patented?

Products like machines, devices; manufacturing techniques; new chemical compounds, materials, or substances; modification or improvements of genetic engineering, microorganisms, biotech applications; new software algorithms that solve problems, and more.

However, abstract ideas, natural phenomena, laws of nature, and purely aesthetic designs cannot be patented.

What are the criteria of patentability?

Patent applications must follow the three fundamental criteria. They are:

Novelty: The invention must not come in public by any means, even by the inventor, before the date of application.

Inventive step/non-obviousness: The invention must be unique and full of utility. It should demonstrate a significant advancement, not just a trivial modification of prior art.

Industrial Applicability: Industrial applicability under patent law means that the inventor has to invent such a thing or machine that is useful for specific industries. If your invention does not come to any benefit, anybody will not get a patent.

What is an ordinary patent application?

An ordinary patent application in India is a standard application that an inventor files to protect their invention. It is not based on any prior application, such as a provisional or PTC application, and does not claim any previous or priority filings. These applications are known as ordinary or permanent applications.

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Life Cycle of a Patent Application

1

Filing of a
Patent Application

2

Filing request for
examination

3

Examination / Prosecution
of Application

4

First Examination
report

5

Objections to
be met

Grant

Annuities
to be paid

Hearing

Grant

Annuities
to be paid

Rejection

Order to be
Challenged at the High Court

Order to be
Challenged at
the High Court

Rajesh Kewat

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From Rs. 2000 Salary to Multi-Crore Turnover Company | Rajesh Kewat | TEDxPradhikaran.

Mr. Rajesh Kewat getting featured in the special edition of Forbes India Magazine - Showstoppers 2022-23

Rajesh Kewat, the MD of FastInfo Legal Services Pvt Ltd, owns a movie-like story; a man who lost everything for his love & attained great success within just 500 days with his innovative business.

Rajesh Kewat Conferred with Businessman of the Year Award at Brands Impact NFA 2022.

Past Experiences

From CEO's Desk

‘You don’t need MONEY to build your business empire, what you need is big dreams & a SHARP MIND! If you got it, try it.’

- Rajesh Kewat

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FAQ

Do I need to visit the patent office to fill my unique invention?

No, you must not visit the patent office to apply. The entire process can be done online nowadays. If you want to apply the offline procedure, you have to visit the office. However, you may have to visit the office if any hearing is required regarding the objection. Today, hearings can also be done online.

Who can apply for a patent?

The first inventor can apply for the patent. However, the invention must be unique and full of utilities essential for human, social, or industrial betterment.

How can I apply for a patent?

You can apply online or by visiting the Indian Patent Office. You have to submit and request for verification after paying the proper fees for filing a patent application. After applying, you have to submit the entire specification of your invention within 12 months of the date of filing.

4. What is the jurisdiction for filing a patent application?

Yes, through the four offices located at Kolkata, Chennai, New Delhi, and Mumbai for submitting patent applications. You have to submit in any of these offices if you want manual submission.

What are the types of applications?

There are six main types of patent applications. They are:

A) Ordinary Application

B) Convention Application

C) PCT International Application

D) PCT National Phase Application

E) Patent of Addition

F) Divisional Application

What are the obligations of the patentee after the grant of the patent?

After the grant of the patent, the patentee has to renew it each year for the entire 20 years of patent duration. You have to pay no fee for the primary two years. However, before the end of the second year, you have to pay for the third year’s fee.

What is the way to restore a patent if it is under cessation?

Once the patent goes under cessation, a request for patent restoration can be filed within 18 months from the date of cessation. The patentee has to pay the specific fees for filing the restoration request along with the regular renewal fees. The request will be published in the official journal for further processing of the restoration application.

What is a patent agent, and what are the eligibility criteria for becoming one?

Under Section 2(n) of the Indian Patent Act 1970, a patent agent is a person who has passed the Indian patent agent examination. Then, they will be registered under Section 126 of the Indian Patent Act as a patent agent of India.

An Indian citizen with the age of 21+ can be a patent agent after clearing the relevant examination.

What documents are required for patent agent examination?

The following documents are required for a candidate during the application of Indian patent agent examination:

(i) Proof of nationality (Passport, voter Card)

(ii) Proof of Address (Aadhar card/PAN card/driving license);

(iii) Mark sheet or certificate of passing the 10th standard

(iv) Gazetted officer attested degree certificate

(v) Marriage certificate if the person is married

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