Overview

One acquires intellectual property rights for creativity undertaken by the individual or firm. If it is unique, the government will give you complete freedom for your product. It gives you full right to create, use, sell or import goods or process and to prohibit others from doing so. Patents in India are administered by the 'Patents Act 1970', and the 'Patent Rules 1972'

The lifetime of a patent registration is 20 years. Patents can be for many things, be it process, art, special equipment, machine, computer software, technical application, a method of making chemicals or drugs.

Required that determines if your invention is patentable:

• Novelty

  The primary qualification is that the invention should be novel and not be a part of any "prior art".

• Invention

  The product must not be explicit; It should not be of such a nature that a leperson can come up with the same product or invention by combining the instructions of various documents available to the public.

• Inventive Step

  It must have some technological advancement and innovative action that combines existing knowledge, which makes the invention not visible to anyone skilled in the art.

• Utility Application

  Created

  Applicable in at least one area of ​​activity

  Reproduced with as many attributes / properties as necessary.

  Created with the same attributes / properties multiple times as needed.

Types of patent registration

• Simple Application

  This type is used when the Indian Patent Office does not refer to any application or any other application under process. The priority date and filing date are the same for universal use.

• Traditional look

  If a promoter has already filed a patent registration in another country and now wants to do the same, it follows the traditional form. It is necessary to submit an application for an Indian patent within 12 months of its commencement.

• PCT International Applications

  The PCT International application allows you to file patent registration applications in duplicated countries, and you can tender it in 142 countries. It can take up to 30-31 months from the date of filing of foreign to enter each state and claim the claim.

• PCT National Phase Application

  You can file this form within 31 months from the date of global filing.

About the patent registration

What is provisional patent registration?

This is an initial step and support is obtained before being able to file a full patent registration.To get a full patent, a lot of features of the design and its specifications are needed. When a person is involved in R&D even if they do not have a fully completed design or method that is patentable, they may obtain a provisional Patent Registration to preserve their work.

There are drawbacks to a provisional patent, mainly on the period of assurance given to intellectual property that is temporarily possessed by the patent.

Benefits of Provisional Patent Registration

• Cost-effective
• Interim protection
• Patent filing date 
• Abandonment 

Benefits of Provisional Patent Registration

• Establishes priority rights
• Find the value of the invention
• Buys time to make necessary changes
• Monetary Return

Documents required for provisional patent filing

• title
• Applicants information
• Description of the invention
• Technical aspects of the invention

Benefits

• It keeps the opponent at bay, because you have all the rights to yourself.
• It improves your business interests because it enables the patent holder to recognize a premium for the invention.
• Some patents are like other types of property. Therefore, it is appropriate to license or sell them.
• If you are ready to sell or license a patent that you hold, raising capital for it becomes easy.
• The originator's credibility will increase after patent registration.
• The selling of the idea outright will bring in many benefits to the inventor. It only makes royalty of 5% or less, but it is highly advantageous to characters who have the idea but doesn’t have enough money to bring the discovery to the market themselves.
• Patent Registration provides the patent holder the right to prohibit others from using patented imaginations without the patentee’s permission. On the other hand, the patent owner can decide on whom to permit to use under accepted terms and hence keeping competitors at bay.
• Sue the third party in case of violation
• Improves your credibility in the market

Procedure

• Patent Search

  Prior art search is a traditional process to confirm the authenticity and novelty of discovery.

• Formatting

  A patent is a legal document. It overcomes the technicalities of the invention and describes the rights.

  Patent registration conditions can be of 2 types:

  1. Provisional stipend

  2. Full blueprint

  It is necessary to enter the provisional specification to secure the priority date. The objectives identified in the full specification specify the characteristics of 'invention', 'claim', 'field of imagination' and 'method' to be invented.

• Patent Registration Filing

  Complete form filled with patent registry. If only provisional stipulation is registered, then the entire requirement is required to be submitted within 12 months and if not done, the application can be rejected.

Fees for filling Application

a) E-filing

b) Physical Filing

Process

Any person can register for a dispute as per Section 25 (1) of the Patents (Amendment) Act 2005.

Grounds for which patents can be opposed:

prior communication

Prior public usage and previous general experience

Clarity and loss of inventive steps

non-patent

Inadequacy and accuracy of description

Incorrectly Prioritizing

Patent registration appeal not filed within 12 months of submission of first application in a Convention country

Incorrect description of source of organic matter / wrong information

Anticipated anticipation of traditional knowledge of any community, anywhere in the world.

Regarding the traditional culture of any community, anywhere in the world.

The patent examination is an important step in the patent registration process. After the request is published, the next stage is the patent examination. It is not an independent or automated process. The patent applicant should seek inspection within 48 months from the priority date from the date of filing the request or whichever is earlier.

• Journal Broadcasting

  On application, the patent will be published in the journal after expiry of 18 months from the priority date. This title states the primary essence of what a patent is, not a request. And details related to the applicant or inventor.

• Pre-Grant Conflict
• Patent Examination
• Grant

  A patent is granted if it meets all requirements and keeps pace with patent law. It will be valid for 20 years. In the case of PCT national phase applications, the 20-year term starts from the international filing date.

Required Documents

• Fill the application in form-1
• Proof of right to file the form of patent.
• If applicable Report and undertaking under section-8 in form-3 
• If a patent agent implements a patent application, the power of administration in Form-26.
• If the form is for organic matter, the applicant is expected to get approval from the 'National Biodiversity Authority' before the allowance for the patent.
• Geographical origin should also be introduced in the case of organic material prevalent in the innovation.
• All applications must have the signature of the applicant
• The final sheet of complete specification must be signed by the appellant / agent.
• MSME or Startup India certificate (if any)

Rules and laws

The following categories are available for early examination of their patent registration applications:

• Start-Up
• Small Realities 
• Natural Person(s) 
• Female Candidates
• Departments of the Authority/ Government
• Institutes founded by a Central, Provincial or State Act Institutions wholly or substantially financed by the Government
• Government Company as described in Section 2(45) of the 'Companies Act'
• Candidates of nations whose Patent Registration agencies are having a contract with the 'Indian patent office'.  

• As per the new Rules, the innovators are required to be presented by the Patent Agent only upon demand by the Patent Office. The duly confirmed originals are to be submitted within 15 days of acceptance of such claim.  
• As per the previous rules, the small entities every document for which the fee obligatory in respect of grant of patents, applications is to be followed by Form – 28. As per the new Rules, it is necessary for start-ups as well to file Form – 28 with every record/report for which a fee has been determined.   
• As per the new Rules, no mediocre fee to be given by the applicants while filling up PCT applications. Individuals and Start-ups should be charged INR 3200 when filing the PCT through the e-PCT filing module, small existences were charged INR 8000, and large organisations were INR 16000.  
• There are no fees now for the development of a certified copy of priority certificate and transmission by WIPO-DAS. Previously Individuals & start-ups were charged INR 1000 with INR 30 per extra page above 30 for the development of a certified copy of priority document. MSME's were charged INR 2500 with INR 75 per additional page more than 30 and the large entities and Companies were charged INR 5000 INR along with 150 INR per extra page over 30, for the preparation of a certified copy of earlier records. 
• As per the New Rules, any amendments or improvements have now been made to the format of Form 18A. 

Patent Box Management

Tax evasion models are not specific to India and have been trained worldwide. In addition, large multinationals have the advantage of structuring their business operations in a way to optimize taxes. To maintain intellectual property in the host country and to promote indigenous research and development, many countries around the world introduced favorable treatment for disproportionate assets.

According to the Nexus strategy, income arising from the exploitation of intellectual property should be linked to and taxed in jurisdictions where significant research and development activities are compared to taxing only in that domain , Which is the legal ownership of intellectual property.

Section 115BBF presents a concessional rate of tax on royalty revenue at 10% in respect of exploitation of patents.

Applicable to an Indian resident who is a patentee

Grant considered under the Patents Act, 1970

The total income of the eligible taxpayer should include income through royalty

Royalty income is in relation to a patent developed and registered in India

At least 75% of expenditure is incurred in India by taxpayer eligible for invention

To avail Section 115BBF, the eligible eligible taxpayer is required to duly verify Form No. 3CFA electronically.

Form 3CFA will be innocent in all cases and will be filed on or before the due date to provide the return of income under section 139 (1)

First and foremost, the applicability of Section 115BBF is not required, and the qualified taxpayer has the option to avail under Section 115BBF. Further, once the opportunity to avail Section 115BBF is employed in any year, the eligible taxpayer is required to proceed to get the benefit for the next five years.

• Patent box management requirement
• Section 115BBF – Allotting with patent tax in India
• .

  Form 3CFA requires specific general description (eg name, PAN, taxpayer address, etc.), aspects of the patent (such as description of patent, patent number, date of grant of patent, whether given to anyone Is) in single person or joint) and features of royalty income and investment in India as well as outside India

  The specifications of each eligible patent must be published individually along with royalty income and investment statement

  The director-general income-tax (system) shall specify procedures, formats and standards to ensure the secure capture and transmission of data and develop and implement appropriate security, archival and recovery policies to be presented and verified Will also be responsible for doing. Form Number 3CFA

  Terms ‘invention’, ‘Patent’, ‘patented article’, ‘patented process’ and ‘true and first inventor’ shall have the meaning assigned to them in Patents Act.

• Is it mandatory?