Permanent patent2020-07-16T07:07:03+00:00

What is Permanent Patent ?

The permanent patent is an exclusive legal right of an inventor, giving him/her the legal authority to prohibit others from making or using a particular invention. This right vest in the patent for 20 years, after which the invention comes into the public domain so that the invention is open for others to use. The 20-year validity is set for motivating people into inventing more or making additions to their invention.

Permanent Patent

The patent holder has the right to sue anyone who infringes the patent and decides on who to sell, assign, or license the said patent.

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Documents required to register a Permanent Patent Application

Registered Office Address Proof & Legal Documents Regarding the same.

Title

Title of the invention

Applicants Information

Name, address, contact details and nationality of each applicant for the patent.

DSC of Applicant

if the applicant does not have DSC, it can be provided by Legalagi with an additional charge

Invention Proof Documents

Description of the Invention

A detailed description of the invention and details about what the patentee wants to claim out of the invention

Technical aspects of the invention

Technical details about the invention and drawings along with a copy of Provisional patent (if filed)

MSME or StartUp India Certificate (If any)

These documents are required for procuring subsidized cost

NOTE:  Further documents and scrutiny can be made on a case by case basis which is beyond our control.

Apply for Permanent Patent in 3 Steps                                                                                                    

Process File Permanent Patent

 1. Follow Quick Process

  • Spare less than 10 minutes to fill our online Questionnaire
  • Upload all the required documents to proceed with permanent patent filing
  • Make quick payment through our secured gateways

  2. Experts  are Here to Help

  • Assigned Relationship Manager
  • Consultation regarding the permanent patent application
  • Drafting of Documents and Agreements
  • Preparation & Filing of Application

 3. Your Assignment Agreement is ready

  • All it takes is 25 working days*

  • Day 1 -8-Collection
        • Discussion and collection of basic Information and provisional application (if any)
        • Provide required documents about the complete patent application, detailed information about examination of the invention & its uses, with well-defined claims.
        • Finalize the terms and conditions
        • Finalize the type of agreement
  • Day 9-20-Execution
        • Drafting of documents by professionals
        • Drafting of Permanent patent application
  • Day 24-Submission
        • Filing of online Form-1
  • Day 25-Filing of the Permanent Patent Application Complete
        • The whole process  would be complete once the government
        • approval is received, you will receive a receipt from the government (patent office) with application number, the title of invention and date of filing

Frequently Asked Questions

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 filed 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.
Both the certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.
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 patent 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.
Government charges for a physical application are higher than online application to promote green initiative.
No there is no such automatic report generated by the registry applicant needs to file for a request for examination for the patent file in order to expedite the process. The period for making such request is of 48 months from the date of filing of the final application or priority whichever is earlier
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.

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