Patent registration in Bihar is a legal process of acquiring exclusive rights for an invention. It provides the inventor with the right to prevent others from making, using, or selling the invention without their permission. Patent registration in Bihar is governed by the Indian Patent Act, 1970.
Meaning and Definition: A patent is a legal document that grants exclusive rights to an inventor for their invention. Patent registration is the process of filing an application with the patent office to obtain a patent for the invention. The term of a patent is generally 20 years from the date of filing of the application.
Legal Provisions and Rules: Patent registration in Bihar is governed by the Indian Patent Act, 1970. The patent office in Bihar is located in Kolkata. The act provides for the conditions and procedure for patent registration. The act also outlines the requirements for patentability, such as novelty, inventive step, and industrial application.
Types: There are three types of patents that can be registered in Bihar:
- Utility Patents: These are granted for new and useful processes, machines, or compositions of matter.
- Design Patents: These are granted for new, original, and ornamental designs for an article of manufacture.
- Plant Patents: These are granted for new varieties of plants that are asexually reproduced.
Advantages: Patent registration in Bihar provides the following advantages:
- Exclusive rights to the inventor for the invention.
- Legal protection against infringement.
- Ability to license or sell the invention to others.
- Increase in the value of the invention.
- Improved bargaining power in negotiations with investors or partners.
Disadvantages: There are also some disadvantages of patent registration in Bihar:
- Expensive and time-consuming process.
- Public disclosure of the invention.
- Limited term of protection.
- Possibility of infringement by others in countries where the patent is not registered.
Documents Required: The following documents are required for patent registration in Bihar:
- Application form with the specification and claims of the invention.
- Drawings and diagrams (if applicable).
- Declaration of inventorship and ownership.
- Power of attorney (if filed through a patent agent).
- Proof of payment of fees.
In conclusion, patent registration in Bihar provides the inventor with exclusive rights to their invention and legal protection against infringement. However, the process can be expensive and time-consuming, and there are some limitations to the protection provided by the patent. It is important to consult with a patent attorney or agent before filing a patent application to ensure compliance with legal provisions and rules.
A patent registration in Bihar assists you with getting a patent of a licensed innovation right to a development did by an individual or firm. IP division has been started by Indian government to give you the full right to enroll your innovation under patent (however provided that it is interesting). Consequently the innovator should create every one of the confirmations connected with the development as asked by the public authority. Patent doesn’t yearn for a lifetime.
REQUIREMENT FOR INVENTION TO BE PATENTABLE:
1) Novelty: The creation should be new or novel, implies that the development should never have been made, completed previously or utilized previously. It should show some new trademark which isn’t known in existing public information (called “earlier workmanship”) in its specialized field. Earlier workmanship alludes to all that has been distributed, introduced or uncovered to general society (model on a site, article or in any magazine and so forth).
2) Inventive Step: The creation should be non-self-evident or include an imaginative advance that implies it ought not be clear to the individual talented in the craftsmanship. It couldn’t be derived by a gifted individual with great information in the specialized field of the innovation. This individual with normal information in the specialized field is usually called as Person Ordinarily Skilled in the Art (PHOSITA).
3) Industrial Application: The development should be valuable or equipped for modern application. It should be equipped for being made or utilized in the business.
4) Not publically/economically revealed: A patent application should be documented preceding any revelation to the public that is all there is to it should not be known or utilized in broad daylight prior to recording of the patent application. (however a few nations give an effortlessness period to forgo off such exposure)
5) Patentable matter: Finally, the development should be important for the “patentable topic” under the relevant regulation.
Steps for Patent Application in Bihar:
Stage 1: Write down the creation (thought or idea) with however much subtleties as could reasonably be expected: Collect all the data about your innovation, for example,
Area of creation
Depiction of the innovation what it does
How can it work
Benefits of the development
Preferably, in the event that you have chipped away at the innovation during innovative work stage you ought to have something call lab record properly endorsed with date by you and individual power.
Stage 2: incorporate drawings, charts or portrays making sense of working of creation: The drawings and graphs ought to be planned in order to make sense of the working of the development in better manner with visual outlines. They assume a significant part in patent application.
Stage 3: check whether the creation is patentable topic: All developments may not be patentable, according to Indian patent demonstration there are sure innovations that are not patentable made sense of exhaustively in(inventions not patentable)
Step 4a: Patentability search: The following stage could be seeing if your innovation meets all patentability rules according to Indian patent demonstration? That is,
The point by point clarification for patentability rules is given here (what are patentability measures’). The patentability assessment is given by the patent experts up on directing broad inquiry and shaping patentability report.
Step 4b: Decide whether to proceed with patent
The patentability report and assessment assists you with choosing whether to proceed with the patent or not, odds are good that your thought process as novel would as of now been protected or know to public in some type of data. Thus this reports saves heaps of time, endeavors and cost of the creator by assisting him with choosing whether to proceed with the patent recording process or not.
Stage 5: Draft (compose) patent application: on the off chance that you are at beginning phase in the innovative work for your creation, then you can go for temporary application. It gives following advantages:
Gets documenting date
a year of time to document total determination
Subsequent to documenting temporary application, you secure the recording date which is extremely essential in patent world. You get a year of future time up with the total determination, up on expiry of a year your patent application will be deserted.
At the point when you complete the necessary reports and your examination work is at level where you can have model and exploratory outcomes to demonstrate your imaginative advance you can document total particular with patent application.
Recording the temporary determination is the discretionary advance, assuming you are at the stage where you have total data about your innovation then you can straightforwardly go for complete particular.
Stage 6: Publication of the application: Up on recording the total detail alongside application for patent, the application is distributed following year and a half of first documenting.
An early distribution solicitation can be made alongside recommended charges in the event that you don’t wish to stand by till the expiry of year and a half from the date of petitioning for distributing your patent application.
For the most part the patent application is distributed in the span of a month structure demand structure early distribution.
Stage 7: Request for assessment: The patent application is analyzed solely after getting demand for assessment that is RFE. Up on getting this solicitation the regulator gives your patent application to a patent analyst who examinees the patent application with various patentability models like:
The inspector makes a first assessment report of the patent application after investigating it for above terms. This is called patent arraignment. Everything ending up licensing application before award of patent is for the most part called as patent arraignment.
The principal assessment report submitted to regulator by inspector for the most part contains earlier expressions (existing records before the date of documenting) which are like the asserted development, and same is accounted for to patent candidate.
Stage 8: answer complaints: Majority of patent candidates will get some sort of protests in view of assessment report. The best thing to do it break down the assessment report with patent proficient (patent specialist) and making a reaction to the protests brought up in the assessment report.
This is an opportunity for a creator to convey his oddity over earlier expressions found in the assessment report. The designer and patent specialist make and send a reaction to the assessment that attempts to demonstrate to regulator that his creation is without a doubt patentable and fulfills all patentability measures’.
Stage 9: clearing all complaints: This correspondence among regulator and patent candidate is to guarantee that all protests brought up in the patent application are settled. (In the event that not the patent won’t be conceded) and the innovator has his fair opportunity to make his statement and lay out oddity and creative advance over existing earlier expressions.
Up on observing the patent application arranged by award, it is award to the patent candidate as soon as could be expected.
Stage 10: Grant of patent: The application would be submitted in request for award whenever being meeting all patentability requirements is found. The award of patent is advised in the patent diary which is distributed opportunity to time.
Q. How long the security will be given?
Patent security isn’t extremely durable one it is for a restricted timeframe, in India it is for a considerable length of time, later the innovation will go for public space.
Q. How could apply for a patent?
Can apply through an application in patent office or through web-based application.
Q. Will petition for patent for distributed data?
No, patent is allowed exclusively for unpublished development. The development ought to be novel and non-self-evident. Yet, but our patent regulation gives effortlessness period around 12months after such distribution with specific condition to concede patent.
Q. Who awards patent?
For the most part, it will give by the regulator of licenses in Indian patent office.
Q. What can be patentable?
Any development or innovative advance which having curiosity and fit for modern application, such creations or imaginative advances can be patentable. It shouldn’t fall on the unequivocal avoidances for patent under s.3 and s.4 of Indian patent demonstration.
Q. Is that the assessment/investigations starts Automatically?
No, the assessment will start whenever it was mentioned by the patentee. It ought to be mentioned in no less than four years from the earlier date or recording.
Some additional points on patents:
Importance of Patents: Patents are an important aspect of innovation and creativity as they provide inventors with a strong incentive to invest time and resources into the development of new ideas, products, and technologies. They encourage research and development, which drives economic growth and progress.
Patentable Subject Matter: Patents can be granted for any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. However, certain types of subject matter, such as natural phenomena, laws of nature, and abstract ideas, are generally not considered patentable.
Patent Prosecution: Patent prosecution is the process of preparing and filing a patent application with the patent office, and then working with the examiner to obtain a patent. The process can be lengthy and complex, and may involve multiple rounds of examination and negotiation.
Patent Infringement: Patent infringement occurs when someone makes, uses, sells, or imports a product or process that is covered by a patent without permission from the patent owner. Infringers can be subject to legal action, including injunctions, damages, and other remedies.
International Patent Protection: Patents are territorial in nature, which means that a patent granted in one country does not automatically provide protection in other countries. To obtain patent protection in multiple countries, inventors must file separate patent applications in each country where they seek protection. There are also international treaties and agreements, such as the Patent Cooperation Treaty (PCT) and the World Intellectual Property Organization (WIPO), that can streamline the process of obtaining international patent protection.
Patent Enforcement: Enforcement of patent rights is the responsibility of the patent owner. If a patent owner believes that their patent has been infringed, they can take legal action against the infringer. This can involve filing a lawsuit in court and presenting evidence to prove that the patent is valid and has been infringed.
In conclusion, patents are an important legal tool for protecting inventions and encouraging innovation. While the process of obtaining and enforcing patents can be complex and expensive, the benefits of patent protection can outweigh the costs for many inventors and businesses. It is important to work with a qualified patent attorney or agent to navigate the patent system and ensure compliance with legal requirements.