Patent

  1. Home
  2. IPR
  3. Patent

Patent

A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Under the system, Patents ensure property rights (legal title) for the invention for which patent have been granted, which may be extremely valuable to an individual or a Company. One should make the fullest possible use of the Patent System and the benefits it provides. Patent right is territorial in nature and a patent obtained in one country is not enforceable in other country. The inventors/their assignees are required to file separate patent applications in different countries for obtaining the patent in those countries.

J & P’S PROFESSIONAL SERVICES INCLUDE

  • Conducting of patent search
  • Drafting of specification (complete and non-provisional)
  • Filing of divisional application
  • Filing of patent application
  • Obtaining Foreign Filing Permit
  • Filing of statement of undertaking regarding foreign filing
  • Preparation and filing of request for obtaining priority documents
  • Preparation and filing request for examination
  • Recordation of assignment
  • Withdrawal of application
  • Filing notice of appeal
  • Preparing, reviewing and filing pre appeal brief
  • Preparing, reviewing and filing appeal
  • Filing renewal appeal
  • Amendment of application
  • Filing of working of patents statements
  • Preparation of power of attorney
  • Infringement Analysis

Requirements For Filing An Application For Patent Registration:

  • Patent application in Form-1.
  • Proof of right to file application from the inventor. The proof of right can either be an endorsement at the end of the application or a separate agreement attached with the patent application.
  • Provisional specifications, if complete specifications are not available.
  • Complete specification in Form-2 within 12 months of filing of provisional specification.
  • Statement and undertaking under Section 8 in Form- 3, if applicable. Form 3 can be filed along with the application or within 6 months from the date of application.
  • Declaration as to inventorship in Form 5 for applications with complete specification or a convention application or a PCT application designating India. Form-5 or Declaration as to inventorship can be filed within one month from the date of filing of application, if a request is made to the Controller in Form-4.
  • In respect to PCT application, WIPO/PCT Number
  • Power of authority in Form-26
  • In case a general power of authority, then a self attested copy of the same can be filed by the Patent Agent or Patent Attorney
  • Priority document must be filed in the following cases:
    • Convention Application (under Paris Convention).
    • PCT National Phase Application wherein requirements of Rule 17.1(a or b) of has not been fulfilled.
  • If the Application pertains to a biological material obtained from India, the applicant is required to submit the permission from the National Biodiversity Authority any time before the grant of the patent.
  • The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification..
  • Provisional or complete specification must be signed by the agent/applicant with date on the last page of the specification. The drawing sheets attached should also contain the signature of an applicant or his agent in the right hand bottom corner.
Submit Query



Jain & Partners is an ace IPR & Corporate law Consultancy firm having immense experience since year 2001 in the area of IPR laws. It provides services to domestic companies or individuals for their overseas investment and also to foreign companies or individuals for their investment in India in all respects that includes Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc.