Patent is an intellectual right that the inventor seeks to safeguard his invention. Given that his or her invention is confining to the clauses mentioned in the Patent Act, 1970. If the invention falls under the non patentable invention than the patent wouldn’t be granted. To register for a patent in India there are different kinds of application provisional application, divisional, non-provisional application etc. The process of patent registration is a long and complicated process with a lot of legal formalities to complete. The application can also be filed online, in India the option of online registration was introduced in 2007.
The two main forms or application for registration is provisional patent application and full patent or non provisional application. These are the two simple way to register for patent. A provisional application is a preliminary application and a non provisional application is after all the specifications are done a simple regular application to register for patent.
This option of registration is created for inventors to protect their inventions for time being till all the process is complete and then file for full patent. It is an inexpensive way to protect inventions. It is a prelude step for obtaining interim protection for the invention. The application will be treated as void if the applicant doesn’t file for complete or full patent registration within the period of twelve months starting from the date of filing the provisional application.
The provisional application is usually filed when the inventor is still in progress with the inventions. The inventor gets good twelve months to complete all the specification to than file the full patent registration.
It is an inexpensive way to progress with the inventions and the inventor takes the advantage to complete the specification. It is important to understand that even though the inventor files the provisional application they still have to file full patent application otherwise the patent will not be granted.
The inventor gets patent pending notice on their inventions for 12 months which is again an advantage for the inventor. The inventor does not have to be under the fear of losing the uniqueness of the invention.
During the 12 months the inventor can develop the invention and also side by side complete the full specification during this time.
Full Patent Registration in India
Non-provisional application or Ordinary application is filed during regular circumstances when the inventor claims for patent without referring or claiming any priority. It is a simple application for registration for patent but all the specification should be complete related to the invention. The product or process should be complete to claim patent by this application.
This application is the main process to gain the patent in India. It is a long process with lot of legal procedure and steps to be completed which is advised to do with some help of legal profession.
Unlike the provisional registration in this the process is much longer and by the end of the completion the applicant gets a permanent patent for twenty years. During the full patent registration the applicant has to go through examination and after filing the report of examination. The examination report comes in which usually has number of obligations which the inventor has to comply with. The inventor has to comply with to get the patent. The applicant has to prove that the invention is as per the requirements of the act. It is novel and unique. The invention has to be economically and technologically advanced to be granted for patent and should not be a hazard for the environment.
In India the process to register for patent is very hectic the applicant requires a legal aid. Especially for the first time applicants it is advised to have a professional help to avoid all kinds of errors and legal problems. At Company Vakil the services required for a hassle free registration is available. Our team is expert in legal matters not only relating to the patent registration but also Company Registration, Trademark. With Company Vakil on your side the whole process will be stress free and the inventors can just focus on their inventions without the stress of legal problems and acquiring patent.