Introduction

A patent is regarded as the protection granted by the law to an innovation from being sold, distributed, traded, manufactured or imported without the consent of the patentee, giving them sole rights of ownership to the invention. Patent registration in India is a long and hectic job but it should not be delayed. Patent Registration in India can be done by filing an application physically at the office or through an online application. To apply for a patent, it is necessary for the invention to satisfy the criteria of novelty, inimitability, an inventive step, and having industrial use. This means that an invention should be seen as an innovation which is truly new and unique in nature and also has an economical and industrial use. In India, an invention should also not fall under the basic requirements of non-patentable inventions due to the basic requirements set out in the Patents Act, 1970.

Advantages of the Patent system

  1. The patent system has the following advantages :
  2. Encourages invention.
  3. Reduces risk of industrial espionage.
  4. Helps in research and spread of knowledge.
  5. It rewards for expenses of development inventions.

Features of patent e filing Procedure in India

  1. The patent application form can be filed directly from your own feature.
  2. One can attach specifications in PDF format or in XML (using PatXML)
  3. Dual way login (Digital Signature as well as Password based) and password regeneration procedure
  4. Proper Validations with IPO Patent database
  5. Facility to upgrade/update the digital signatures
  6. Improved procedures to minimize transaction errors

Advantages of patent e-filing Procedure

  1. Flexibility – It is the best advantage of e-filing of patent applications.Now, a Patent application can be filed at any and at any place.
  2. Increase in speed – Electronic process ensures that the application is filed immediately. The hassle faced due to the process being manual is removed. There are no more unnecessary delays. This also helps in generating the acknowledgment immediately.
  3. Accuracy- Since there is no scope of manual entry of any of the details the accuracy at the patent office increases. The reduction in error also ensures a more efficient review.
  4. Format- The primary concern of applicants filing applications is the format of the application. E-filing makes this process easy owing to the availability of software like PCT-SAFE which can cross check the format of the application to ensure that it complies with the required format.
  5. Transaction errors-Comprehensive Online Patent Filing Services has ensured that there are minimum transaction errors.
  6. Digital Signature -After registration, each Applicant or Agent will have a unique user profile where he can add and update his digital signature.

E-filing patent application in India: Process

When Patent Registration began it was an offline procedure but E-filing of patent services was introduced in the year 2007. This was further modified in 2012 as the Comprehensive Online Patent Filing Services. All patent registration procedure had to be done according to the Act.

  1. The user has to first register at the online portal of the Indian Patent Office at ipindiaonline.gov.in.The user after registering gets an ID and password.
  2. Due to the Comprehensive Online Patent Filing Services, the user has 2 options of login. A user can log in either using the User ID and password or the digital signature.
  3. Once the login is completed the website has a list of comprehensive steps that allow the Applicant to download client software on which he can create and sign the patent application.
  4. Payment has to be made once the digitally signed application is uploaded. The amount is calculated on its own.
  5. We can check the status of the application.
  6. Once the payment is successful an acknowledgment will generate.

It is always advisable to seek professional help when it comes to complying with legal procedures. We at Company Vakil make the long and hectic process simple. With our team of legal experts having ample knowledge of intellectual property regulations like trademark registration, patent registration makes the process stressfree and feasible. Our services are only a click away.