What is a patent?
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes. The purpose of this system is to encourage inventions by promoting their protection and utilization so as to contribute to the development of industries, which in turn, contributes to the promotion of technological innovation and to the transfer and dissemination of technology. Under the system, Patents ensure property rights (legal title) for the invention for which patent has been granted, which may be extremely valuable to an individual or a Company. One should make the fullest possible use of the Patent System and the benefits it provides. Patent right is territorial in nature and a patent obtained in one country is not enforceable in other country. The inventors/their assignees are required to file separate patent applications in different countries for obtaining the patent in those countries.
Where to file for Patent and types of patent?
The Patent Office, under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry, performs the statutory duties in connection with the grant of patents for new inventions and registration of industrial designs. Patent Offices are located at Kolkata , Mumbai, Chennai and Delhi to deal with the applications for patents originating within their respective territorial jurisdictions.
a) Ordinary Application
b) Application for Patent of Addition (granted for Improvement or Modification of the already patented invention, for an unexpired term of the main patent).
c) Divisional Application (in case of plurality of inventions disclosed in the main application).
d) Convention application , claiming priority date on the basis of filing in Convention Countries.
e) National Phase Application under PCT.
What type of Digital certificate is accepted?
The Controller General of Patents, Designs and Trade Marks (CGPDTM) has stipulated a Class-III category certificate for e-Filing of Patent and Trade Marks applications in India. A person who already has a specified Digital Signature Certificate (DSC) for any other application can use the same for e-filing of a patent application and is not required to obtain a fresh DSC.
The e-Filing systems for Patents and Trade Marks are designed to support Class III Digital Signature Certificates (DSCs). You may obtain your Class III DSC from the following Certifying Authorities in India :
1. (n) Code Solutions
3. Safe Script
What is the process of online filing of patent with digital signature?
Procedures and Guidelines for e-Filing of Patent Applications
1) Who can file a patent application on-line?
Any Individual (Indian national or foreigner) or a registered Patent Agent can file a patent application on-line.
2) How to create your Login account so as to access on-line Patent Application Filing System?
If the applicant is totally new to this system and does not have User ID, he can register on-line. After successful registration & uploading Digital Signatures, the user will get system generated user name and password to access the system
3) From where can I get the Digital Signature?
You can get your Digital Signatures from(n) Code Solutions, TCS & Safe Script.
4) Where can I deposit the fee?
You can deposit the fee through SBI & Axis Bank Net Banking.
Where do we find more details?
I find this complete process very tiring and confusing. I have always hired an agent to perform this task but they do charge a high amount and even made some mistakes while doing so. But after reading this detail this process seems to me an easy job. Thanks to you for explaining it in detail.
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