Patent Filing

Patent Filing with Bizhub

Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.

Patent Filing-01

Patent Application for complete specifications registration of device patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims

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    What is Patent registration in India?

    Patent registration can be obtained in India for an invention. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent.

    Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.

    Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India’s database to check if there is an object or invention that is the same or like the applicant’s invention.

    However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India.

    A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get Patent Registration, technical information about the invention must be disclosed to the public in a patent application; both natural persons and corporate entities may apply for a patent.

    The grant and enforcement of patents are governed by national laws, and by international treaties. The exclusive right granted to a patentee in most countries is the right to prevent others, or at least to try to prevent others, from commercially making, using, selling, importing, or distributing a patented invention without permission.

    Who can file a patent application?

    A patent registration application for an invention can be made by any of the following people either alone or jointly with any other person:

    1. The true and first inventor
    2. True and first inventor’s assignee
    3. The representative of the deceased true and first inventor his / her assignee

    According to the Patent Act, a “person ” is any natural person, company, or association or body of individuals or government body, whether incorporated or not.

    • In the case of a proprietorship firm, the application should be made in the proprietors’ name.
    • In partnership firms, the names of all personally responsible partners must be included in the patent application.

    An assignee can also be a natural person or other than a legal person such as a registered company, an LLP, Section 8 Company, an educational institute, or government.

    The applicant is required to disclose the name, address, and nationality of the true and first inventor.

    How to File Patent application?

    Patent Search

    To file a successful patent registration, you need to ensure that your invention idea is unique. Carrying a patent search will confirm this, and the individual can also avoid lengthy procedures.

    Patent application filing

    Patent Filing is the most crucial aspect. The complete process specification is a specialized task that can be done correctly through expert advice. Drafting a patent application is an art, and it will be wise to choose to seek expert help. If the individual is in the initial stages of research and development, it is best to file a provisional patent application.

    Preparing patentability report

    The patent professionals or agents will then do extensive research and prepare the patentability report. Hence, the applicant should attach all the specified documents along with the patent application.

    Publication of patent application

    After this, the application is then published in the Patent journal within 18 months. Request for early filing of the patent can be made along with the prescribed fees.


    Publication of Filed Patent

    For patent registration in India, the Indian patent office keeps every patent application confidential until it gets officially published in the Patent Journal. The publication of filed patent happens automatically after 18 months from filing the applications, and there is no need for any request to be raised.

    Patent Examination

    Within 48 months from the patent’s first filing, there would be a formal submission of a request for the patent examination. Suppose the applicant fails to file within the specific time, the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.

    Patent objections

    Patent applications also receive objections, so it is mandatory to analyse the patent examination report and draft a proper response to the objections

    Grant of patent

    Once all the patentability requirements are met, the grant patent’s notification will be published in the Patent Journal.

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    Documents required for filing a Permanent Patent Application

    Title of the invention
    Technical details about the invention and drawings along with copy of Provisional patent (if filed)
    : Name, address, contact details and nationality of each applicant for the patent.
    DSC of the applicant, if the applicant does not have DSC, it can be provided by BizHub with an additional charge
    Detailed description of the invention and details about what the patentee wants to claim out of the invention
    These documents are required for procuring subsidized cost


    The basic reason for Trademark registration in India is to differentiate two goods which can belong with same category of business or also may differ. Trademark registration helps the trader or the business holder to get several rights and benefits.

    There are few reasons why trademark registration is beneficial and important in India.

    • Helps to differentiate goods from the competitors.
    • Helps to earn goodwill and establish a brand.
    • Trademark registration can increase sales volume.
    • It indicates the quality of product.
    • The brand can serve as a important factor to grab the attention of the customer.
    • Unregistered trademark may affect your brand reputation.

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    Benefits of Patent Registration

    Exclusive authority over your invention

    The patent registration gives the patent owner the right to prohibit others without the permission to make, use, sell, offer or importing patented inventions to others for profit purposes. On the other hand, the patent owner may determine who can use it according to negotiated terms and thus hold rivals at a disadvantage.

    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.

    Increases your credibility in the market

    If an invention is patented, it indirectly improves the brand value and can allow the company to charge the consumers a higher price. Especially if a product which is extremely useful on the market helps to extend the patent proprietor ‘s valuation.

    Monetary Returns

    The patent is a great asset and can extract way more significant 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 through licensing, assigning, etc.

    What can be patented?

    The Patent Act states that for an invention to be patentable, the invention must be a new product or process that involves an inventive step and can be used in the industry. For an invention to obtain patent registration, it should be technical and meet the following criteria-

    1. Novelty - The matter disclosed in the specification is not published in India or elsewhere before filing the patent application in India.
    2. Inventive Step - The invention is not apparent to a person skilled in the art in light of the prior publication/ knowledge/ document.
    3. Industrial applicability - Invention should possess utility so that it can be made or used in the industry.

    Types of patent application in India

    • Provisional application –Also known as a temporary application, a provisional application is filed when an invention is still in the pipeline and has not been finalized. Early filing of a patent will prevent any other related inventions from being designated as prior art to the inventor’s application. This type of patent application is filed when an invention requires additional time for development.
    • Ordinary or Non-Provisional application –This type of application does not have any priority to claim or if the application is not filed in pursuance of any preceding convention application. A complete specification can be filed through:
    • Direct Filing: Wherein complete specification is initially filed with the Indian Patent Office without filing any corresponding provisional specification.
    • Subsequent Filing: Wherein complete specification is filed after the filing of the corresponding provisional specification and claiming priority from the filed provisional specification.
    • Convention application –The convention application is filed for claiming a priority date based on the same or similar application filed in any of the convention countries. To avail a status of the convention, an applicant must apply to the Indian Patent Office within a year from the date of the initial filing of a similar application in the convention country. To re-iterate in simpler terms, a convention application entitles the applicant to claim priority in all the convention countries.
    • PCT international application –Though the PCT international application does not provide an international patent grant, it paves the way for the streamlined patent application process in many countries at one go. The Patent Corporation Treaty governs it and can be validated in up to 142 countries. Filing this application will protect an invention from being replicated in these countries.
    • PCT National application –This application is filed if the applicant discovers that he has come across an invention, a slight modification of the invention that has already been applied for or patented by the applicant. PCT National application can be filed if the invention does not involve a substantial inventive step.
    • Divisional application –An applicant may choose to divide an application and furnish two or more applications if a particular application claims more than one invention. The priority date for these applications is like that of the parent application.

    FAQs On Trademark Registration

    Registrations of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark registrations.

    Trademark attorneys and examiners arrange trademark applications according to the description and classes of goods or services to which the trademarks apply. Trademark in India is classified in about 45 different Classes. See Trademark All Classes here.

    As soon as you file the application, you receive an acknowledgment, which gives you the right to use the ™ symbol. Once it’s registered, you can use the ® symbol.

    You can very well do this through Madrid Protocol. This is a highly technical process and requires thorough search. IP experts at BizHub will help you apply for Trademark in any country through Madrid. Drop an inquiry at BizHub for more details.

    You can still get a unique logo design done, with a name in it. However, you cannot get the word trademarked.

    A unique name or logo has the highest chance of getting registration. However, it solely depends on the ministry to grant registration.

    Well, both are possible and permissible. It depends on how old your company is and many other factors. Usually, start-ups get Trademark Registered in the promoter (owner) name. Larger businesses get Trademarks done on Company name.

    You may use the ® (Registered symbol) next to your trademark once your trademark is registered and registration certificate is issued. Kindly note that it is an offense, with a penalty, to falsely claim that your trademark is registered. Till the registration is obtained, you can represent your trademark along with the letters TM to indicate that you claim rights over your trademark.

    No. Registration of a trademark is not compulsory. However, the registration is the prima facie evidence of the proprietorship of the trademark under registration. However, it is to be noted that no suit can be instituted for infringement of unregistered trademarks. For unregistered marks, action can be brought against any person for passing off goods or services as the goods of another person or as services provided by another person.

    Following marks can be registered under Indian Trademark Law:

    • Names
    • Invented words
    • Numerals
    • Letters
    • Devices
    • Combination of Colours
    • Shape of goods
    • Slogans
    • Signatures
    • Sound marks
    • Easy to pronounce, spell, remember
    • Should be distinctive and should not have deceptive similarity
    • Should not be descriptive

    Yes, sound and smell can be registered as a trademark in India under the Indian Trademark Law.

    A service is the same as a trademark except that it identifies and distinguishes the sources of a service rather than a product.

    BizHub provides Trademark Registration across India. You can obtain Trademark Registration in Ahmedabad, Mumbai, Pune, Bangalore, Chennai, Delhi, Kolkata, Kanpur, Nagpur, Jaipur or any other cities easily with us.

    Don’t worry!! Our expert will help you to choose a best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at ………………………………………..


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      MSME/SSI/Udyog Aadhar Registration Standard Package

      Standard Package Covers

      1. Patent Application for complete specifications registration of device patents (non- provisional) with the Indian Patent Office. Complete drawings/ illustrations, abstract and claims.

      Fees for this Package

      Forrtuna Bizhub Price: 24999
      (Including Government Fee)
      Gst: 4500
      Total Price: 29499

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