Why Patent Registration
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Patent registration in Delhi is a process of obtaining legal protection for an invention that meets the criteria of novelty, non-obviousness, and industrial applicability. Patent registration in Delhi grants the patentee the exclusive right to prevent others from making, using, selling, or importing the patented invention or process in India for a period of 20 years from the date of filing of the patent application.
To obtain patent registration in Delhi, one has to follow the steps given below:
1. Conduct a patent search: A patent search is a preliminary step to check whether the invention is already known or disclosed in the prior art. A patent search can be done online on the official website of Intellectual Property India or through a professional patent agent or attorney. A patent search helps to avoid duplication of efforts and infringement of existing patents.
2. Prepare and file a patent application: A patent application is a document that describes the invention in detail and claims the scope of protection sought by the inventor. A patent application can be filed online or offline at any of the four patent offices in India . The patent office that has jurisdiction over Delhi is located at Dwarka. A patent application can be filed as a provisional application or a complete specification. A provisional application is filed when the invention is not fully developed and requires further research or experimentation. A complete specification is filed when the invention is fully disclosed and ready for grant.
3. Request for examination: A request for examination is a formal request to the patent office to examine the patent application and issue a report on its patentability. A request for examination can be filed within 48 months from the date of filing of the patent application or from the date of priority, whichever is earlier. The request for examination can be filed online or offline along with the prescribed fee.
4. Respond to objections: After examining the patent application, the patent office issues a report called the First Examination Report (FER) that contains the objections or observations raised by the examiner on the patentability of the invention. The applicant has to respond to the objections within 12 months from the date of issuance of the FER and overcome them by providing arguments or amendments.
5. Attend hearing: If required, the applicant may have to attend a hearing before the controller of patents to clarify any issues or objections raised by the examiner. The applicant has to submit a written submission before or after the hearing along with any supporting documents or evidence.
6. Grant or refusal of patent: After considering the response and hearing, if any, the controller of patents decides whether to grant or refuse the patent. If granted, a patent certificate is issued to the applicant and published in the official journal. If refused, a speaking order is issued stating the reasons for refusal and giving an opportunity to appeal.
Patent registration in Delhi is a complex and lengthy process that requires professional guidance and assistance. It is advisable to consult an expert patent practitioner who can help you with drafting, filing, prosecuting, and maintaining your patent application in Delhi.