Patent Filing Services in Bangalore
Patents are essential for protecting and promoting a country’s scientific inventions, research, and development. It is referred to as an inventor’s exclusive right over his or her particular invention. When there are many inventions, it is critical to protect the ability of the concept or invention to be commercialized. An invention must be developed from an idea or concept into a functional object.
If you are an inventor, startup, or entrepreneur based in Bangalore who wishes to protect your innovation, you will have to take the necessary steps for patent registration in Bangalore. A patent is a government-granted right that prevents others from making, using, selling, or importing the patented product or procedure without approval or consent.
If you are looking for a patent filing in Bangalore, you will have to understand the entire patent registration procedure. Despite it being time-consuming, expert guidance will enable you to secure your invention in the right manner. Our team includes patent analysts, patent agents, and patent attorneys based in Bangalore who can assist an individual or startup who desires to file a patent in Bangalore.
Who can apply for patent registration in Bangalore?
Any individual or group of individuals can file an application for an invention through our patent agents in Bangalore, Karnataka.
The following individuals are eligible to apply for patent application:
1. The true and first inventor
2. The true and first inventor’s assignee
3. The representative of the deceased true and first inventor.
The patent assignee, however, should be a natural person or any other legal person, such as a registered company, a Limited Liability Partnership, a Section 8 company, or an educational institute or government body.
The applicant is required to disclose the name, address, and nationality of the true and the first inventor.
Four Factors to consider before filing a patent in Bangalore
i) Patentable Subject Matter: The focus is on determining whether an invention relates to the patentable subject matter. Sections 3 and 4 of the Patent Act list subject matter that cannot be patented;
ii) Novelty: Your invention should not be publicly available before the date of patent filing;
iii) Non-obviousness: The invention must be non-obvious to a person skilled in the art to which the invention relates, and
iv) Industrial Application: The invention is capable of industrial application, which means that it can be manufactured or used in industry.
Patent Registration Process followed at Intepat IP.
We work with clients to develop a patent strategy that aligns with their business goals. The patent registration procedure involves the following key steps:
1. Non-Disclosure Agreement Preparation
Before proceeding with the patent process, we at Intepat enter into a non-disclosure agreement with the applicant to prevent technical information from leaking to the public and to maintain the client’s trust in us regarding the invention details they are supposed to disclose.
2. Invention Disclosure Form
An invention disclosure form [IDF] is primarily used to document the invention. This document needs to provide particulars of your invention and submit it to the patent attorney filing your patent application. This is the first step in revealing an invention. It compiles the inventor’s ideas about the invention. It must be filled out in such a way that your invention is clear to anyone who is unfamiliar with it.
3. Searching to determine the patentability of the invention
After signing the NDA and receiving the invention disclosure, the next step is to conduct a patentability search. Patent analyst at Intepat conducts a thorough patentability search through paid and free patent databases before filing a patent application in India to determine whether or not an invention is patentable.
4. Drafting of patent application
Furthermore, when both the patent attorney and the applicant are confident that their idea or invention can be patented, our patent team begins with patent specification drafting. This must be prepared in Form 2, where the complete or provisional specification, depending on the state of the invention, must be provided.
The patent draft is an essential document because the patent office will use it to determine whether or not a patent should be granted.
As a patent analyst, engineer, or expert, it is important to have a strong understanding of both patent law and technology. At Intepat, we have a team of skilled professionals who are able to blend these two areas of expertise to deliver quality patent specifications.
Our internal processes are designed to help us understand your invention and ensure that the specification draft we prepare is of the highest quality. We take the time to get to know your invention and what makes it unique so that we can provide you with the best possible service.
5. Filing a patent application
After we finish drafting the specification, we will send it to you for review, and once we have received your approval, we will file the application.
A provisional application is usually filed in order to secure the priority date. Within 12 months of filing a provisional patent application, a non-provisional specification must be filed. You can always opt to file your patent application using e-filing instead of physical filing. Our patent attorneys are fully acquainted with the legalities of patent filing procedures in India.
The Indian Patent Office accepts various types of filing. They are as follows:
– Ordinary Application
– PCT national phase application
– PCT International Application
– Convention application
– Patent of addition
6. Publication of Application
Following the expiration of 18 months from the date of filing or the date of priority, whichever is earlier, the application is published in the official journal and made available to the public. The public is given the opportunity to raise an opposition if any.
However, using Form 9, the applicant can request an early publication. In such cases, the Office usually publishes the patent within a month of receiving the request. If a client decides to file an early publication, we assist them in doing so.
7. Examination
Furthermore, the patent application is only checked after a request for examination has been filed. Request for examination is a compulsory step in the patent process.
The request for examination must be submitted within 48 months of the filing date or priority of the application. The patent examiner reviews the patent application and reports on the findings. The examiner’s objections are listed in the first examination report (FER).
8. Response to the examination
The applicant must respond to the examination report within six months. At Intepat, we diligently analyze the objection presented in the examination report, prepare a strategic response based on cited prior art, and, if necessary, amend the patent claims or specifications to meet the objections.
9. Patent Hearing
Furthermore, if the examiner is not satisfied with the submitted objection response or requires additional clarification, he may call us for a hearing. At Intepat, we have experienced patent agents who will attend one such hearing and present the arguments with a detailed analysis of cited prior arts, if any, to overcome the objections. Following the hearing, our experienced patent analyst will prepare a strategic response based on the hearing and address the examiner’s objection.
10. Patent Grant
At the same time, after compiling all the objections regarding the examination report and the examiner is satisfied with the applicant’s answer, the grant application is placed. Similarly, On the other hand, if the examiner is not satisfied with the response and arguments of the applicant, he/she may reject the application.
Documents required for patent filing in Bangalore
1. Application form for a patent grant and proof of right to apply.
2. 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).
3. Drawing (if necessary) and Abstract of the invention.
4. Form – 3 Information & undertaking listing the number, filing date & current status of each foreign patent application.
5. Form -5 Declaration of inventor-ship.
6. Form – 26 Power of attorney (if filed through Patent Agent).
7. MSME or Startup India Certificate, if in the case required.
8. In case you are filing a Patent Application in India based on a previous patent application filed abroad under the convention patent application (as under the Paris Convention) or PCT route, a priority document must be filed along with the application.
9. In the case of Biological Material, there is a need to get prior permission from the National Biodiversity Authority (NBA); also, in this case, it is mandatory to mention the source of Geographical Origin.
Significance of patent registration
Ensure Complete Protection against Infringement
A patent grants the owner the legal right to prohibit others from selling, copying, or manufacturing the invention without the owner’s permission. The owner receives protection for a limited period of 20 years, allowing the owner to keep competitors and infringers at bay. One of the essential advantages of Patent Registration is that it keeps violators or infringers out of the equation.
Maintain the company’s ability to do business.
If you do not patent your invention, someone else will copy it and sell it as your product. As a result, you will face market competition. If that person files a patent for the product, you may lose your right to compete. If this occurs, all of your efforts and money will be futile.
Allows for Public Disclosure:
The law allows the inventor to make his or her invention public to increase the company’s market value, funds, and business partners. Sharing an invention’s technology publicly will demonstrate the inventor’s command and specialization in the specific technology sector. It will assist the patent holder in attracting business partners, investors, stakeholders, and end users.
Improves your market position
By preventing other companies from competing in your specific niche, you will strengthen your market position if you have a patent portfolio. As a result, you will have a better market position and less competition. So, your company will see a positive return on investment.
Tradable Patented Invention
Alternatively, you can license the patent and earn royalties for a more extended period, which can be a long-term source of revenue for your company. Some companies operate on the same principle, making royalties from licensed patents.
Encourages Innovation
The patent does not seek to attract inventors who only have revolutionary technology; it actually energizes the inventor to create everyday things that somehow affect human life. Innovation is also defined as the pioneering enhancement of existing technology to serve humans for a specific purpose.
Societal advantages
After commercialization, an invention will likely benefit society by creating numerous job opportunities. Patents break down the barrier of secrecy surrounding an invention, making it available to the public, and allowing other researchers to use it.
A patent is one of the pillars of IPR (Intellectual Property Right), which aims to give the inventor exclusive ownership of the property. However, it should be noted that the registration process is arduous and time-consuming, and it necessitates the submission of documents and details in the prescribed format. If you are looking for a team that can help you navigate patent registration in Bangalore, Intepat is the right choice. We are dedicated to helping our clients obtain the patents they need to protect their inventions. Contact us today to learn more about our patent services in Bangalore.