Getting your process, product, or service patented is critical if you have created or invented something that can be considered an original invention because it protects your invention. It can safeguard any product, design, or process that satisfies certain requirements regarding its originality, utility, suitability, and practicality. A patent can typically safeguard an invention for up to 20 years. As soon as you submit your patent, this period begins. To obtain a patent, the first and most important step is to submit a formal application to the patent office.
However, because the invention must meet specific requirements to obtain a patent in India, patent registrations do not apply to all inventions. Therefore, provide us with clear information regarding who can file for a patent and the types of inventions that are eligible for patents.
Who can file a patent?
An individual or a group of people can apply for an invention to have patent registration in Chennai. The true inventor or the assignee of the first inventor applied for the majority of patents, though the representative of the deceased true inventor or assignee of the first inventor may also apply for patents.
In the case of a sole proprietorship, the patent application must be filed in the name of the owners for patent registration in Chennai.
And in the case of a partnership, the names of all partners who are personally responsible for the business must be included in the application for patent registration.
Most importantly, the true and first inventor’s name, address, and nationality must be disclosed by the applicant for patent registration in Chennai.
What can be patented?
According to the Patent Act, a new product or process that involves an inventive step and can be used in the industry is required for an invention to be patentable.
An invention must be technical to be registered as a patent, and it must also have utility, meaning it can be used in the market or industry.
The invention must be novel, meaning that it has not been previously published in India or elsewhere. Before applying for patent registration in Chennai, each of these should be checked again.
Procedure for Patent application
You must determine whether your invention is patentable before beginning the process of patent registration in Chennai. This means that you need to see if anyone else has filed a patent for a technology that is similar to yours.
You can determine whether or not your invention is eligible for a patent by conducting a thorough patentability search.
Drafting and Filing
You can begin the process of applying for a patent once the first step has been completed.
Indian applicants must complete the Indian Patent Application Form 1 and a mandatory Form 2 to specify the type of patent, which allows them to choose between a provisional and complete patent application depending on the stage of invention.
This means that if your invention is still in the testing phase, you must submit a provisional patent application for patent registration in Chennai so that you can file for a full patent after 12 months have passed.
When you are writing your patent application, you should pay close attention to details like the invention’s usability and results.
When drafting the application for patent registration in Chennai, it is also necessary to include the intention to obtain a license for the invention and to include all clauses that prevent competitors from using the same technology.
The Indian Patent Office secures the patent application after it has been submitted with all required documents. After about 18 months, the applied patent is published in an official patent journal.
However, inventors who wish to have their patent application published before this 18-month period can submit Form 9, which is a form that requests early publication, for the application to be published in an official patent journal within a month of the request being made.
Examining patent application
The patent application must be thoroughly examined before the patent grant. The applied patent must be evaluated based on the merits of the invention and described in the patent specification form, by the rules of the Indian patent application process.
The applicant must request to examine their patent application by submitting Form 18, as the patent office only examines the application form after a formal request for examination is made. This is in contrast to the publication process.
In addition to scrutinizing the application under the Patent Act and underlying rules, the examiner searches for similar technologies to determine whether the invention satisfies patentability requirements.
The first examination report is submitted after the application has been reviewed for patent registration in Chennai. The examiner provides a detailed list of his objections, which may cause the application process to take an additional six to nine months.
Grant and renewal
The patent is granted after the examiner finds no objections in the application of patent registration in Chennai, and the patent is then published in the official patent gazette.
The patent holder likewise needs to reestablish his patent by paying a yearly renewing charge.
In India, a patent can be renewed for a maximum of 20 years from the date the patent was first filed.
Purpose of Patent law
The primary objective of the patent to have patent registration in Chennai was to foster advancements in science, technology, and industry. Patent law gives the inventor a monopoly on using their patented product and allows others to use it with prior permission and for a certain fee.
The patent grants the inventor the right to manufacture, use, sell, import, or offer for sale the invention for a specified time. In a nutshell, the exclusive right to prevent others from commercially exploiting the patented invention belongs to the patent owner.
Patent protection obtained by patent registration in Chennai means that the invention cannot be used, distributed, imported, or sold commercially without the permission of the patent owner.
After having patent registration in Chennai, it guards against patent infringement, which means that the original inventor can assert their rights against a duplicate product if someone attempts to duplicate the invention or invents in violation of an existing patent.
Contents of patent
The patent documents are written in specific format:
- A detailed description of the invention
- Claims along with drawings
Before submitting an application for patent registration in Chennai, a patentability search must also be conducted.
Because a patent cannot get patent registration in Chennai for something that is already in use, a patentability search is necessary.
As a result, the Patentability Search avoids paying for unnecessary patent registration in Chennai in the future.
Time taken for patent registration
Depending on the method you choose, it can take anywhere from one to three years to have patent registration in Chennai.
For instance, new businesses can facilitate the entire cycle and be finished very quickly.
As a result, you should work with a registered patent agent or attorney to get the best advice and the quickest route.
How patent influence access to vaccines?
The development of new vaccines is essential to the fight against infectious diseases, as well as to the challenges of public health and global bioethics. The goal is to live a long and healthy life.
Due to the severe disparities in vaccine availability and access across nations, the issue of patents and ownership rights has been brought up in international discourse.
As of May 2021, people living in the G7 countries were 77 times more likely than people living in the world’s poorest countries to have been vaccinated, according to Oxfam International data.
By May 2021, approximately 28% of the 1.77 billion doses of the COVID-19 vaccine that were given out worldwide were given by the G7 nations.
The low-income countries’ share of all vaccinations remained appallingly low at 0.3 per cent.
What effect do ownership rights and patents have on the economy?
People who benefit from public goods frequently underpay or do not pay enough to use them, resulting in the Free Rider problem. The manufacturer has little incentive to come up with new ways to make the product.
Patents, according to advocates, are linked to economic growth because they make inventions profitable and prevent infringements.
Also, pharmaceutical companies are businesses that are in it for the money, so you can’t expect them to be completely charitable.
Despite this, patent holders having patent registration in Chennai already have a strong incentive to innovate and improve productivity because of the complexity of the regulatory and licensing frameworks, a lack of the necessary capital and technological know-how, and the fact that demand is outstripping supply.
Why patents should stay in place?
While it is true that patents having patent registration in Chennai may limit the availability of vaccines to developing nations; other factors, such as the transfer of technology or the funding of pharmaceutical companies by developed nations, can significantly address the issue of vaccine manufacturing and distribution while also overcoming the negative effects of patent waivers.
Innovation must be encouraged by domestic patent laws and international conventions without compromising technological access for vaccine accessibility or downstream innovations.
These should not be viewed as distinct government policies; rather, their implementation should be contingent on the state of public health in the nation.
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