What is the Importance of Patent Registration?

Patent registration is mandatory for the inventors because it gives the legal right to the inventor over his/her invention for a limited time. With the help of this registration, no one will be able to use his/her invention without proper permission. This process is not lifelong, and the validity period of registration is for 20 years, and after 20 years, it comes under the public domain.

If you registered a patent in India, then it is only valid in India, and a patent cannot be used by the owner of the patent outside India. If the owner wants to protect a patent outside India, then they have to file an application in other countries within 12 months of patent registration in India.

Below is the list of all the benefits that you can avail from the registration:

• It helps to improve your credibility in the market.
• In case of any infringement, you can sue the third party.
• The registration provides all the legal rights to the others so that others cannot use their work without taking permission from the patentee.
• It helps to raise the capital of your business if you are prepared to sell or license the patent that you own.
• It also helps to improve your business interest, and it enables the holder to certify a premium for the invention.

Following are the lists of all the different forms required to be filed for a patent application in India:

• Form 1: This form is for the patent registration application.
• Form 2: This is for complete specification.
• Form 3: For statement and undertaking under Section 8 of the Patent Act, 1970.
• Form 5: This form is for Inventorship declaration.
• Form 9: For Publication request.
• Form 18: For Examination request.
• Form 26: This is for Patent agent authorization.
• Form 28: For small entity.

Following are the lists of all the documents required for the registration application:

• Fill the Form-1 for Patent Registration.
• Complete specifications in Form-2.
• Statement and undertaking in Form-3.
• If the patent agent applies, then the power of authority in Form-26.
• In the case of a convention application, one has to file important documents and the application form within 18 months from the priority date.
• In case the application is related to biological material obtained from India, it's required to submit the National Biodiversity Authority.
• A declaration from the investor in Form 5.
• Bring proof from the inventor regarding applying for the registration of the patent.
• The application must be signed by the patent attorney or an applicant with the date, and name & specification must also be signed on the last page along with the date.
• The main source of origin of any biological material should be indicated in the registration form.

Following is the procedure for Patent Registration in India:

Step 1: Before the registration, you must be aware of the non-obviousness of an invention and search for the patent is conducted. If you already have a registered patent on your head, then the patent cannot be granted.

Step 2: After the patent search, you need to fill an application form along with the necessary documents, as we mentioned above, and invention with the intellectual property department.

Step 3: After submitting the patent application form, a patent officer of the Indian Government will check if there is an existing patent on a similar idea. If they find the invention is unique and fall under all the criteria, the patent will be granted.

Step 4: After verifying the patent application, the status of the application will be updated online on the official portal of the Department of Industrial Policy and Promotion, Ministry of Commerce & Industry, and Government of India. It takes one year for the grant of a patent certificate.

The validity of the registered patent in India is about 20 years, from the date of the complete patent application is filed. After 20 years, it would come under the public domain.

It is compulsory to renew the patent every year; if the patent is not renewed, it will be ceased, and it will come under the public domain. In India, the renewal of patent for one year is through filing renewal application and the prescribed fees. The renewal fee payment of patent is payable at the end of the 2^nd year from patent registration. In case the renewal fees are not paid within the due date, then the patent gets ceased to effect, and it can only be stored by filing a restoration application in the Form-15 within 18 months from the date patent got ceased.

You can check the difference between Patent and Copyright Registration from the table mentioned below:

It is clear from above that a patent's registration is mandatory in India because it keeps or provides legal security to your unique patent. With the help of registration, you can sue anyone who is using or copying your patent.