Patent is an exclusive right granted for an invention to the inventor or his assignee for a limited period of time, excluding others from making, using, selling or importing any product covered by a patent or, if a patent is for a process, then from using the process or a product obtained by that process, for the above actions. For this purpose, an invention is defined as a new product or process, involving an Inventive Step and capable of Industrial application.
Patent is an award for the inventor and reward for the investor. The grant of patent attracts investment because the commercial exploitation of the invention is possible to its fullest extent during the term of the patent. Another major advantage of patent system is, that it promotes ‘Invent Around’ concept. Patent is granted only when the invention and it’s operation or use and the method by which it is to be performed are fully disclosed.
The object of patent law is to encourage scientific research, new technology and industrial progress for public good. Grant of exclusive privilege to own, use or sell the method or product patented for a limited period, stimulates new inventions of commercial utility.
The whole patent registration process can be divided into following steps :
- Prior Art search
- Filing of application (Provisional or complete specification)
- Publication
- Request for Examination
- FER (First examination report)
- Response to FER
- Hearing
- Registration
- Renewal
- A patent application can be filed with provisional specification or complete specification. If application is filed with provisional specification then the complete specification will be filed within 12 months from the date of filing of provisional specification.
- The application will be published in patent journal after expiry of 18 months from the date of filing of the application. A request for early publication can be filed in Form No 9 with prescribed fee.
- A patent application will be examined by the examiner of patents only after filing request for examination. Request of examination can be filed within 48 months from the date of filing of the application.
- After examination of your application, the examiner issues an examination report which is called First Examination Report (FER). The applicant has to give his response within 12 months from the date of FER. If the controller of the Patent is not satisfied with your response, he may call hearing. The controller will put your application for grant, if he is satisfied with your response. The patent shall be renewed every year.
- For international patent filing, application can be proceed by PCT route. PCT application may be filed within 12 months of the filing of the complete specification.
Registermytrade.com is the No. 1 online portal for patent registration services in India. We have a good team of Expert, well qualified and experienced Patent Attorneys, registered patent agents, and Patent analyst. We assist you at any level of your patent registration process. We assist you to make prior art report of your invention, drafting of your specification (complete or provisional), filing response to FER, Renewal etc.
- In India, the response to the First Examination Report (FER) of Patent must be filed within 6 months of the issue date. This time period can be extended to 3 months on request, after which the application might be abandoned.
- The FER response is recommended to be filed as soon as possible, so it can be reviewed by the Patent Office and if required another report can be issued.
- If the response to the FER is filed with accurate details to the objections mentioned in the examination report, the possibility of getting a patent without hearing is higher.
- The reply to the FER is a very important techno-legal process which should be filed by an expert for a quick grant of the patent.
Register My Trade has professionals who are experienced to the level that the chances of getting a patent is more than 90%.
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A trademark is mark which capable of –
Being represented graphically
Distinguishing the goods or services of one person from those of others.
10 years this can be renewed periodically.
Infringement, very broadly means taking unfair advantage or being detrimental to the distinctive character or reputation of a trade mark.
The Symbol ™ denotes that the application for registration for trademark is file with Trademark Office.
Go to e-register page of trademark office link then click on Trademark application/registered mark. This option will be displayed on left side of your screen.