Patent is registration of new product, technology, techniques developed by you. When you do research and develop new product, technology or techniques or make such advancement in existing product, technology or techniques that would not have been possible to be achieved by existing knowledge, you can get your creation, invention registered as “Patent”. Patent gives you exclusive rights to use, lend, lease or rent your invention. No one else could use that without your permission or license.
Difference between Trademark, Copyright and Patent
Trademark: Trademark is mark, symbol, colour, product design, brand name, or punchline, through which a customer recognise your product or services.
Copyright: Copyright is a right given to author or creator of aritistic, literary or musical works to having exclusive ownership over his works.
Patent: Patent is right of ownership given to first owner or creator or inventor of new product or technologies etc.
DOCUMENTS REQUIRED FOR PATENT REGISTRATION
- Patent application in Form-1.
- Proof of right to file application from the inventor. The proof of cight 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.
- 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.
- Power of authority in Form-26, if patent application is being filed by a Patent Agent. 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.
- 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.
- 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 hasnot been fulfilled.
- Note: Priority document must be filed along with the application or before the expiry of eighteen months from the date of priority, to enable early publication of the application.
- 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. However, it is sufficient if the permission from the National Biodiversity Authority is submitted before the grant of the patent.
- 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.
- The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
- All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.
VALIDITY OF PATENT REGISTRATION
Once patent is registered, patent has validity of 20 years. After that the invented product or technology gets brought to public domain. Public can use them without paying any royalty to owner of patent after that.
Trademark Registration consultant is an initiative started with aim to provide complete services related to Trademark, Copyright and Patent.
We provide A-Z services related to protection of your intellectual properties may it be your logo, design, brand name, punchline, product, or any creative work.
Trademark is a symbol, mark, word, punch line or group of words by which one can distinguish goods or services of one person from that of others. Trademark gives unique identity to goods and services. Often its found that we use logo and our trademark without registering it, and some one starts using it without our permission, in that case, it becomes very hard to take legal steps against them. Thats when we get to know importance of trademark.
In business, getting protection of our intellectual properties is very important, because a business man invests lakhs and crores of rupees in logo, brand name and product designs, so if someone starts using your trademark without your permission, it can cause serious to your business.
Thus, Its also advisable to get protection of your trademark, copyright and patent. We at Trademark Registration Consultant has vast experience in protecting Intellectual properties in India and Wordwide. We provide complete services at one place not just Intellectual properties. We have a team of duly qualified company secretaries, chartered accountants, cost accountants, advocates and IT Professionals.
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