How to apply for Permanent Patent in India?

The patents in India are governed by the Patent Act 1970 and Patent Rules 1972. After the procedure of patent registration, one needs intellectual property rights to an invention carried out with a person or a firm. In case it is unique, the government will grant you the full power of your product. It gives you the full power of making, using, selling, or shipping the product or services and prevents others from doing so.

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ABOUT

The permanent application is the sole legal right of an inventor, granting him/her the legal authority to forbid others from making or using an appropriate invention. This right vests in the patent for 20 years, later which the invention extends into the public area so that the invention is free for others to use.The 20-year validity is set for driving people into inventing more or making extensions to their invention. The patent holder has the power to sue anyone who violates the patent and picks on who to sell, assign, or permit the said patent.

 

Benefits of Permanent Application

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Exclusive authority over your invention

Registering a patent gives the patent holders the right to exclude others from using patented inventions without the patentee’s permission. On the other hand, the patent owner can choose whom to give permission to use under agreed terms and hence keeping competitors at bay.

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Sue the third party in case of infringement

It gives the patent holder the legal right to file a case of infringement if anyone tries to exploit the patent without the owners’ permission. The patentee, his/her assignee, licensee, or agent has the right to institute a civil suit in a court not lower than District Court in a case of infringement.

 
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Increases your credibility in the market

If an invention is patented, indirectly surge brand recognition and conceivably empower the business to charge a premium price tothe customers. Especially, if a product that has great usefulness in the market would help to expand the valuation of the patentee’s business.

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Attract investors with accurate financial

Investing in any business would be followed only after a complete analysis of the business and its financial condition. While approaching investors, you need to make sure that your books of accounts are up-to-date and accurate. Inconsistency may refrain investors to jump into the business.

 
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Monetary Returns

The patent is a great asset and has the potential to extract way bigger monetary benefits than any other intellectual property if managed intelligently. The owner can license, assign, or sell its patent whenever needed. Many pharmaceutical companies have made great profits through their patented products byways of licensing, assigning, etc. 

PROCESS FOLLOW

1-2 HOURS
Select Package

Start by selecting the appropriate one, fill out the required forms, or simply speak to our experts online for assistance.

2-3 WORKING DAYS
Obtain Information and Documents

We will collect the information about the examinationof the invention and finalize the type of agreement.

3-4 WORKING DAYS
Drafting of documents by professionals

We will draft the documents and Permanent patent application.

 
7-8 WORKING DAYS
Submission & Acknowledgement

We will fill online Form-1 and the Permanent patent application. We will acknowledge you with a receipt from the government (patent office)

DOCUMENTS REQUIRED

Pre-requisites

  • Title of the invention
  • Name of an applicant for the patent
  • Address of applicant for the patent
  • Contact details of an applicant for the patent
  • Nationality of an applicant for the patent.
  • Description of the Invention
  • Technical aspects of the invention
  • DSC of Applicant
  • MSME

PRICING

Basic Package

Save upto-10% cost on this package

₹ 7,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
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Growth Package

Save upto-20% cost on this package

₹ 9,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
  • GST Registration
  • Stamp and Company Seal
  • Bank – Current Account Opening
  • 10% Discount on Future Service
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Premium

Save upto-30% cost on this package

₹ 16,999

(Inclusive All)

  • Name Search Report
  • Name approval in RUN (Reserve Your Unique Name)
  • DSC(2no) (Extra Dsc Per Director – Rs-1000)
  • Filing Spice Form
  • Issue of Incorporation certificate along with PAN & TAN
  • Include Government Fees & Stamp Duty for Authorized Capital Upto -1 Lakh except for the state of Punjab, MP and Kerala.
  • Msme Registration
  • Share Certificate (Soft Copy)
  • GST Registration
  • Trademark Registration
  • 1month free GST filing
  • NDA
  • Guideline for Startup India Registration.
  • Stamp and Company Seal
  • Bank – Current Account Opening
  • 10% Discount on Future Service
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FAQ's

The permanent application is an exclusive legal right of an inventor, giving him/her the legal authority to prohibit others from making or using a particular invention.
 
The patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it under the law, anyone can exploit it commercially once it becomes available to the public. To restrict others from utilizing, selling, or making copies the inventor must apply for a permanent patent.
 
If you are an employee, then usually all the intellectual property generated during your course of employment would belong to the organization or the company you are working for. If there has been no such agreement you can apply for the patent in your own name.
No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application online or offline.
An invention needs to have these three main qualities to be patentable:
i) Novelty – invention should be new; and
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique; and
iii) Industrial utility / Usefulness – it should not be a mere prototype but rather should be working and has to have some use.
A patent filing in India is valid only in India.. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global.
No, the mentioned charges only include professional fees and 18% GST, any government fees for filing provisional patent / complete specification has to be paid by the client, at the time of submitting the application.
 
Yes, in case the claims in the permanent application extend more than 10 in number, an additional fee would be levied as per the fee structure table given under the first schedule of The Patent Act 1970.
 
Filing the provisional specification is an optional step, if you already have complete information about your invention, then you can directly go for complete specification, there is no requirement to file the provisional application for patent.
1. The patent expires if it has lived its full term i.e. 20 years
2. The patentee fails to pay the annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
4. The patent is revoked.
A patent rarely has any value if the commercial worth of the product or technology cannot be demonstrated and exploited. Therefore, a person has to see the utility and demand for the invention in the market before he/she files for a patent, they can make money from their patent by claiming royalties, selling, or license their patented invention.
Both certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.
Government charges for a physical application are higher than online applications to promote the green initiative.
 
No there is no such automatic report generated by the registry applicant that needs to file for a request for examination for the patent file in order to expedite the process. The period for making such a request is of 48 months from the date of filing of the final application or priority whichever is earlier
 
You must complete your patent filing within one year of the first offer to sell your invention, or within one year of your first public use or disclosure of your invention.