What is Patent Registration & Types of Patent in India (Swarit Advisors)

Ordinarily, a patent is a privilege allowed to the patentee for his/her intellectual property or invention temporarily period. With the Patent Registration, a patentee accomplishes every one of the rights to control, use, sell, or import the patented item or process for producing that item.

Additionally, no one else can utilize the patented item or process or innovation without the assent of the patentee. On the off chance that anyone does as such, at that point the patentee holds the privilege to sue that individual. Henceforth, Patent registration assumes a significant job in safeguarding the work/invention of anyone.

In this blog, we will talk about all the basic angles identified with the patent and Patent Registration.

What is Patent?

According to Section (2) (1) (M) of the Indian Patent Act, 1970, Patent methods a patent allowed to any invention for someone's invention. Patent methods giving a selective right to the inventor to Prevent others from using or making his/her invention. Besides, it gives the inventor the privilege to ensure his/her process or item which is invented and can be additionally utilized for industrial applications.

In the event that anybody attempts to duplicate the invention which is patented under Section (2) of the Patent Act, or utilize the invention without being permitted to, the proprietor can sue the individual in the court.

After the Patents (Amendment) Act, 2005, certain arrangements relating to Exclusive Marketing Rights have been voided, and arrangement for providing a mandatory permit has been introduced.

Every one of the administrations or inventions expressed under area (2) of the Indian Patents Act must be patented; things or inventions notice under Section (3), and Section (4) can't be patented.

The utilization of the Patent can be recorded by one individual or jointly or the inventors who need full power over their invention.

What are the Different Types of Patents?

1.  Utility Patent:- Utility Patent is allowed to any individual who makes another and valuable creation in a machine, a process, or an item. The vast majority of the individuals want to get their Patent enrolled as an Utility Patent.
2. Design Patent:- It is conceded to any individual who creates or invents another or innovative plan for any item, process, or the machine. The main distinction between the utility Patent and configuration Patent is that utility Patents centers around the utilization and making of the invention while the item Patent spotlights on the plan of the invention or what it looks like.
3. Plant Patent:- It is allowed to any individual who has invented or found or abiogenetically duplicated any new and distinct assortment of plant.
4. Reissue Patents:- It is allowed to anybody whowants right any blunder in the as of now gave Patent.

What are the Benefits of Patent?

• The benefits of the Patent to the Patentee are as follows:

1. Right to use your invention in several ways or the way the patentee wishes to use and enjoy a monopoly on his/her invention.
2. Allow others to make use of the patentee’s invention at your own price.
3. To sell the invention during the term of Patent.
4. The term of Patent is 20 years.

• To the Society:

1. Better and innovative products available to consumers and customers.
2. Freely available technology after the end of the term of Patent.

What are Documents Required for the Registration of Patent?

•  3 Copies of the application form
• Triplicate i.e. three copies of Provision or complete specification
• Three copies of drawing
• 3 copies of the abstract of the invention
• Information and undertaking listing the number, filing date, and current status of each foreign Patent Application in duplicate.
• Power of attorney if filed through inventor agent.
• Fee in cash/by Demand draft/local cheque.
• Priority document if the priority date is claimed
• Declaration of inventorship, where the provisional specification is followed by a complete specification.