Submitting a patent is a long, but fruitful process if your patent is approved
A patent is essentially a category of intellectual property that provides its owner right to utilize their invention to their benefit, while seeking monetary gains from the same and excluding others from manufacturing, using or selling the invention. The Government of India grants inventors exclusive rights to file patents for their innovative creations. A patent gives its owner a competitive advantage. However, the process of filing a patent is a long and elaborate one and you need to be aware of all the required documents for patent registration.
Documentation is an important aspect of patent registration. A patent application may be rejected if the applicant is unable to submit the necessary documents required for patent registration in India. Here’s a detailed list of all the necessary documents that must be provided along with the application form.
Product specifications for the patent
No matter the kind of intellectual property, the applicant would be required to submit a detailed product specification of the invention. Product specifications need to be mentioned in English and submitted along with patent application form. Applicants may not seek any extensions to file the complete specifications of the patent at a later date.
While filing a patent, provide drawings or illustrations of the same, with the application. It is imperative to submit the illustrations with the application. Do not submit the illustrations later, as drawings are some of the most important documents required for patent registration.
Personal details of the inventors and applicants
All inventors and applicants applying for the patent jointly must provide their ID, address and nationality proof documents. These documents need to be provided along with the application form.
Power of Attorney document
All applicants using a patent agent to file their application must provide a document listing the agent as the power of attorney. Submit this document within three months of the original application date. If the applicant decides to utilize the services of a patent agent at a later date, they can file an extension request before the time limit expires.
Assignment deed endorsed by inventor/s
In case an inventor is not the applicant, they must provide an assignment deed endorsing the invention. This makes assignment deed document one of the most important documents required for patent registration in India. This document should be submitted within six months of the original application date. Obtain an extension before the six-month period by filing an extension request.
Details of applications filed in other countries
Obtain patents by filling applications for the same in different countries. However, submit details of these corresponding applications filed in other countries as per the Information and Undertaking provision of Section 8 of the Patent Act. This document should be submitted within 6 months of the original application date and extensions may be obtained.
Provide the verified English translation of the original priority application if applicable, as well as a verified English translation of the Patent Cooperation Treaty (PCT) application in case of national phase applications. The controller may also request to provide a certified copy of the original priority application. Additionally, provide the sequence listing as per a computer-readable text format and a document seeking permission from the National Biodiversity Authority if applicable.
Once the patent gets granted, utilise it the way desirable. However, as per the Patent Act of 1970, ensure that the invention is novel i.e. one that no one can challenge and can be protected under the Patent Act.
While taking the IPTSE examination, understanding the importance of patents and what constitutes a good one makes up a part of the syllabus. To apply for IPTSE, click here.