A Project
On
“Registration Procedure”
[submitted as a partial fulfilment of the requirements for B.A. L.L. B (Hons.) 5-year
integrated course]
Session – 2024-2025
Submitted On: 7 September, 2024
Submitted by: Submitted to:
Miss. Naina Sharma Dr. Gunjan Sharma
Roll No.- 60 [Faculty]
Semester: VII A
University Five Year Law College
University of Rajasthan
Jaipur
DECLARATION
I, Naina Sharma, hereby declare this project titled “Registration Procedure” is based on the original
research work carried out by me under the guidance and supervision of Dr Gunjan Sharma.
The interpretations put forth are based on my reading and understanding of the original texts.
The books, articles and websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.
For the present document which I am submitting to the university, no degree or diploma has
been conferred on me before, either in this or any other university.
Date: 7 September 2024
MISS.NAINA SHARMA
RollNo:60
Semester: VII A
ACKNOWLEDGEMENT
I have written this project under the supervision of Dr. Gunjan Sharma, Faculty, University
Five Year Law College, University of Rajasthan, Jaipur. Her valuable suggestions herein have
not only helped me immensely in making this work easier but also in developing an analytical
approach in this work.
I found no words to express my sense of gratitude for Director Dr. Akhil Kumar, Deputy
Director Mr. Ghanshyam Bher and Mr. Sandeep Singh for constant encouragement at every
step.
I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.
Miss. Naina Sharma
CERTIFICATE
Dr. Gunjan Sharma Date: 7 September 2024
Faculty
University Five Year Law College
University Of Rajasthan, Jaipur
This is to certify that Miss. NAINA SHARMA of VII semester, section A of University Five
Year Law College, University of Rajasthan, Jaipur has carried out the project entitled
“Registration Procedure” under my supervision and guidance. it is an investigation report of a
minor project. The students have completed research work in my stipulated time and according
to norms prescribed for the purpose.
Supervisor
Table of Contents
SR NO. PARTICUAR PAGE NO.
1 Declaration 1
2 Acknowledgement 2
3 Certificate 3
4 Table of Contents 4
5 Abstract 5
6 Introduction 6
7 Chapter 1 – Criteria for Grant 7
of Patent
8 Chapter 2- Need for Registration 9
9 Chapter3-Patent 10
Registration Process
10 Conclusion 12
11 References 13
ABSTRACT
In This project titled “Registration Procedure” we have discussed from what do one understand
by patent registration and how can a patent be registered. The project overall is divided into 3
parts apart from introduction and conclusion, the first chapter focuses on criteria for grant of
petition and what are the conditions necessary for an invention to be patented, second chapter
focuses on what is the need for registration and third on the patent registration process that a
patent can be registered online as well as offline. Overall, we try to understand from the very
basic. At last, the conclusion will thoroughly be based upon my understanding and research
and my opinion will be mentioned at the end.
INTRODUCTION
Intellectual property in terms of patent law can be defined as something tangible in nature that
is framed out of someone’s intellectual knowledge and innovative spirit. This knowledge and
innovative spirit that an individual possesses acts as a source of livelihood for an innovator in
the world of intellectual property rights and innovative industries. The creator of a particular
invention may earn great wealth through his invention in the form of royalties if he lets
companies use his innovation for which he issues a licence. The innovator may also sell his
innovation for a considerable amount, or he may even start his own business, among many
other options. All the above-mentioned riches may only be available to the creator if he
registers his invention for patent protection. Therefore, the present article discusses why there
is a need to register a patent in India, followed by exhaustive step-by-step procedures for the
same.
Section 2(m) of the Indian Patent Act,1970 defines a patent as “a patent which is granted for
any invention under the provisions of this Act.” Now, from the mere reading of the above-
given definition, it is clear that the meaning of patent is not explicatory.
Therefore, in an attempt to define the same, a patent is, in simple terms, an exclusive monopoly
right that is granted to the creator or sole inventor of the invention. This right is only given to
the sole inventor because he is the one who has invested his hard work, sweat, and capital into
the creation of the said invention, which protects the invention from other competitors in the
market by preventing them from selling, manufacturing, using, and distributing the patented
technology or inventions.
A patent is a legal document that the government issues to the creator, giving him the exclusive
right to sell, manufacture, use, and import the invention for a predetermined amount of time
following the publication of the idea.
CHAPTER 1
CRITERIA FOR GRANT OF PATENT
As per the Indian Patent Act of 1970, a patent is only granted when a certain technology or
product fulfils the following criteria, which are also discussed in depth for clear
comprehension.
Before discussing the criteria for grant of payment lets discuss what’s invention first, as per the
section 2(1) (j) of the Indian Patent Act and elucidates that anything can be termed an invention
when it is created through an inventive step, i.e., introducing technical advances to the existing
technology and giving out a product or process that is capable of industrial use.
1) Novelty
Section 2(1)(l) of the Act provides that an invention is said to be new or novel when it
is not anticipated in the document or used in India or the world before the filing of the
patent application with the specified subject matter of the invention in the Indian patent
office. What must be seen to consider the invention as new is that it did not exist in the
state of the art because it enables every individual in the country to access the prior
existing technology or invention.
In the case of Bishwanath Prasad Radhey Shyam Vs Hindustan Metal Industries (1978),
that an invention must have a novelty of such a nature that it was not known in society
before the date of the patent for the grant of a patent.1
2) Inventive Step
An invention shall only be patented when it involves an ‘inventive step’ which
basically means an advancement to an invention’s technicality, which is new and
different from the existing technology in the particular field. Another criterion by
which an invention is considered to involve an inventive step is when it is non-
obvious to a person skilled in the field.
The Supreme Court in Bishwanath Prasad Radhey Shyam Vs Hindustan Metal
Industries (1978) coined the phrase, “As per the criteria, the patent for a created
invention would only be granted when the invention is of such new use in relation to
technological advancement and said that some problem related to a particular field is
solved because of the said creation. Moreover, it is provided that the invention must
not be a mere workshop improvement, what has to be looked at is whether the
technique is new or unique, which is producing new articles or new aids in the relative
industry.” 2
3) Non-Obviousness
1
Indiankanoon.org, https://indiankanoon.org/doc/1905157/, last visited on 10 September 2024
2
Indiankanoon.org, https://indiankanoon.org/doc/1905157/, last visited on 10 September 2024
An invention is said to be non-obvious when it is different from the existing
inventions present in the state of the art. For the grant of patent protection, the aspect
of ‘newness’ is not enough for the invention. What has to be seen is that it also
comprises elements that are undoubtedly different from the existing inventions in the
relevant industry. Also, an invention must be of a nature that is not obvious or simple
in its operational aspects. The person in the relevant field who is not an expert must
be able to conclude that the invention sought to be patented is different from existing
inventions and adds a new element that is not obvious in nature.
In Rado Vs John Tye Son Ltd. (2013), it was held that “a non-obvious invention is
that which is beyond the thinking of a mere person working in the field.” What is to
be noted is that the invention should be something that sets the standard and
technology apart from existing technical trends that are not natural and usual. 3
4) Industrial Applications
Section (2) (1) (ac) provides that the invention is said to be of industrial applicability
when it is capable of being made or used in the industry. The term ‘industrial
application’ refers to the use of the invention sought to be patented. The patent office
explicitly looks at the uses that the invention would provide in the industry and
whether it would truly be of some aid for industrial matters or not. The use of the
invention is termed the ‘utility’ of a patent. If the inventor who sought his invention
for a patent cannot satisfy himself as to how his invention contains the potential for
industrial use, then the invention will not be patented because it is a rule that creation
must have its fundamental use in the relative industry.
In Lakhpat Rai and Ors Vs Morex Diagnostics., (1918), the Allahabad High Court
termed the industrial use of the invention as its utility, where it was observed that the
required invention’s use or aid does not necessarily mean improvement, as it means
practicability. The utility test is based on whether the invention will do what it claims
or provides to do.4
3
Casemine.com, https://www.casemine.com/judgement/in/574990ccadd7b016e0f0495e, last visited on 11
September.2024
4
Indiankanoon.org, https://indiankanoon.org/doc/1550302/?type=print, last visited on 10 September,2024
CHAPTER 2
NEED FOR REGISTRATION
Patent Registration is a legal procedure that provides inventors with exclusive ownership and
usage rights for their product, service, or technology. This means the inventor has a monopoly
over their creation for as long as the patent is valid. Inventors and businesses must safeguard
their innovative ideas and stop others from using, selling, or making their inventions without
permission.
The following are the essential reasons for having the invention patented in India:
1) Protection and possession
In this technology-ridden era where all businesses are driven by high-tech technology,
it is essential for the innovators to protect their knowledge since it is the only tangible
asset that is responsible for all their operations because of their created technology. So,
it is essential for the running of business operations to protect this very technology from
other players in the market. Apart from this, the concept of the original inventor also
comes into play since what a man invents must be his asset because he is the only one
who has invested his sweat, energy, time, and, most importantly, knowledge and skills
in the creation of the said invention. Unfortunately, in today’s time, every other
corporation, whether it’s small or giant, is indulged in the race to achieve the best that
can be achieved by new inventions and ideas. Therefore, in order to protect and possess
what is yours, it is essential to patent the invention.
2) Monetization opportunity
Once the inventor of a certain invention acquires its patent, he is open to monetizing it
at his will and can thus amass a handsome amount of wealth. The patent can no doubt
be a source of wealth if handled with due diligence and financial knowledge. The
creator can generate wealth through the marketing of the new product, licensing it to
any other corporation that provides a great monetary value, and even selling the patent
for a massive amount.5
3) Encourage innovation
In the patent registration procedure, it is provided that when a patent application is
accepted and completes all its necessary requirements, the said invention is published
in the patent journal to inform the world that this invention is being patented, and for
the same reason, any opposition is invited. Upon the publication of the invention, the
created technology is directly put out into the world with every minute detail along with
its functions, and other innovators come to know of this invention. Therefore, through
this, the inventor also encourages the spirit of innovation in society. Since ideas can be
taken or can emerge in the minds of other innovators with the knowledge of existing
inventions on the market, other aspiring inventors or creators can surely indulge in the
practice of learning how to make this certain invention more advanced or how to make
another invention complementary to this one that would benefit society on a greater
level.
5
Blog.ipleaders.in, https://blog.ipleaders.in/patent-registration-process-in-india/, last visited on 8 September
2024
CHAPTER 3
PATENT REGISTRATION PROCESS
For the purpose of offline patent filings, there are jurisdictional patent offices in the Kolkata,
Delhi, Mumbai, and Chennai regions.
The applicant can protect his invention through patent protection by filing the patent
application in offline mode by visiting the office and submitting the requisite documents and
doing the necessary formalities. An applicant has to submit the following documents at the
counter of the jurisdictional patent office.
The patent registration process involves several stages, starting with Patent Search and ending
with issuing a Patent Registration Certificate. Here’s a detailed explanation of the Patent
Registration process in India:
Indian Patent Search
The first step in the Patent Filing process in India is conducting a worldwide search to
determine the uniqueness of your invention. It’s generally recommended to perform
patent searches before applying for a patent. If your invention is found in prior art or
closely resembles existing inventions, the novelty of your invention could be
challenged by the Indian Patent Office. Therefore, conducting prior patent searches is
crucial to assess the likelihood of your patent being approved.
Drafting Patent Specification
After conducting comprehensive global searches, you need to draft a patent
specification. This specification is written in technical and legal language and may or
may not include the inventor’s claims. If it doesn’t include claims, it’s a provisional
specification; if it does, it’s considered a complete specification. The specification
delineates the scope of the invention, providing an in-depth description of the invention
along with practical examples and the optimal method for utilizing it. Legal protection
for the patent is conferred when the specification is crafted with the inventor’s claims
and is comprehensive. Legal protection for the patent is granted when the specification
is drafted with the inventor’s claims and is complete.
Patent Application Filing
Following the drafting of the Patent Specification, you can initiate the process of filing
a Patent Application in India. As mentioned earlier, patent applications can be
provisional or complete, depending on the specifications drafted. The provisional or
complete specification is filed in Form 2, while the Patent Application form is filed in
Form 1, as per the Indian Patent Act. If a provisional patent specification is filed, a
complete specification with the inventor’s claims must be filed within 12 months of the
initial filing. There are six types of Patent Application forms, each serving different
purposes, depending on the applicant’s needs. 6
Patent Publication for Public Opposition
6
Blog.ipleaders.in, https://blog.ipleaders.in/patent-registration-process-in-india/, last visited on 8 September
2024
After the patent application process, the patent is published in an official journal and
available for public viewing and inspection. This allows the general public to raise
objections to the patent on valid grounds.
Requesting Patent Examination
Examination of the patent application occurs only when a request for examination has
been filed. This request must be submitted within 48 months of the patent filing date or
the priority date. The patent examiner reviews the application and issues an examination
report containing objections raised by the examiner. Responding to the examination
report must be filed within 12 months of issuance. The examiner can call the applicant
or agent for a show-cause hearing to resolve objections if necessary. This phase is also
known as patent prosecution.
Grant of a Patent
After all objections in the examination report have been addressed and the examiner is
satisfied with the applicant’s response, the patent application is prepared for the grant
of a Patent Registration. This marks the end of the patent registration process. However,
if the examiner is not satisfied with the response and arguments from the applicant, they
can reject the patent application. In such a case, the applicant must repeat the entire
patent procedure in India to seek patent protection again.
In India, Patent can be filed online as well.
CONCLUSION
The concept of patent protection in Indian patent law is to limit individuals other than the
inventor’s ability to use, sell, and manufacture the product or technology for their own private
gain or interest. This protection enables the creator to keep the inventions created only for
themselves. Whereas, it also gives the inventor the right to monetise it for further economic
purposes. But all these opportunities and protections come into play when the inventor registers
the technology and invention with the patent office, either online or in person. Through
registering his creations, the inventor lets his knowledge and innovative spirit shine; along with
this, the innovative spirit keeps prevailing in the minds of other innovators who think, work,
and innovate whatever it is to make the world better.
The patent registration process involves several stages, starting with Patent Search and ending
with issuing a Patent Registration Certificate. Here’s a detailed explanation of the Patent
Registration process in India.
The applicant can protect his invention through patent protection by filing the patent
application in offline mode by visiting the office and submitting the requisite documents and
doing the necessary formalities. An applicant has to submit the following documents at the
counter of the jurisdictional patent office.
REFERENCES
WEB SOURCES –
1) https://www.setindiabiz.com/learning/step-by-step-procedure-for-patent-registration-
in-india
2) https://www.indiafilings.com/learn/what-is-patent-meaning-search-and-registration-
procedure/
3) https://cleartax.in/s/patent-registration
4) https://blog.ipleaders.in/patent-registration-process-in-india/
5) https://www.ezylegal.in/blogs/procedure-for-patent-registration-in-india
6) https://www.slideshare.net/slideshow/procedure-for-registration-of-
patents/236242737
7) https://www.slideserve.com/sumittiwari/patent-registration-process-in-india
8) https://indiankanoon.org/
9) https://www.casemine.com/
