How Can Arvisa Help You in the Patent Filing Process?
Arvisa can assist, right from applying for the granting of the patent. You can file both provisional patent and permanent patent applications with us.
Examination of Details
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 will recommend a verified lawyer who will take up your request and draft the application based on the details you provide.
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 from time to time.
What is a Patent Meaning?
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. Vakilsearch helps you with the simplest way to file a patent.
Benefits of Filing a Patent in India
The following are some of the advantages of filing a patent 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
- Filing a patent 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.
Documents Required for Patent Filing 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, 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).
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 Facts That Will Astound You
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.
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.
Frequently Asked Questions
A patent can be filed either by a new inventor or his assignee (alone or jointly with any other people).
The cost of filing a patent with Arvisa ranges from ₹35,000 to ₹40,000.
The three types of patents are utility patents, design patents, and plant patents.
The Office of the Controller General of Patents, Designs and TradeMarks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of patents, designs and trademarks.