Know all about Utility Patent in India

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Know all about Utility Patent in India

A patent refers to a legal right that protects an inventor’s invention from being copied, used or sold without his consent. After a patent has been registered, the owner gets exclusive commercial rights to his invention for a specified period of time. There are many different types of patents having different purposes. In this blog post, we will focus on utility patents.

Definition of Utility Patent

Utility patent is a widely-issued type of patent. It is used to protect the functionality and use of an invention. This patent is divided into three categories based on the functionality of the invention. These categories are Electrical, Mechanical and Chemical. In these patents, anyone who has invented a unique process, device, the machine, method, chemical compound or manufactured product can apply for and obtain a utility patent.

In India, the utility patent is granted by the Indian Patent Office. Once granted, an invention can be freely commercialised or utilized without any fear of patent infringement. The legislation that governs patents in India is known as the Patents Act 1970, which has been in force since 1972. 

A utility patent may be granted for various inventions. Some inventions for which a utility patent may be granted include the following:

• Mobile applications 

• Artificial intelligence systems 

• Autonomous vehicles 

• High-speed rail systems 

• Solar energy systems 

• Wind turbines

Utility Patent Validity

In India, any patent, including a utility patent, remains valid for a period of 20 years from the application filing date as long as the renewal fee is paid regularly. However, if the fee isn’t paid on time, your patent will lapse and you won't be able to enforce the rights it provides. This means that your invention will enter the public domain, and others will be able to use it freely and market it. Further, you may stop receiving patent-related royalties.

It is important to note that no patent protection is granted after the 20-year expiry date. There’s no patent renewal process after the expiry. 

Documents Required for Utility Patent Registration

To register a utility patent in India, the applicant needs to file the following documents with the Indian Patent Office:

• Form-1 for Patent Registration Application

• Provisional or Complete Specification providing a detailed description of the product, its features, and functional aspects.

• Abstract of the Invention

• Power of Attorney

• Statement and Undertaking (Form 3)

• Proof of Right to File

• Acknowledgment of Fee Payment:

• If the applicant claims a rebate in fees as an MSME or startup, then Form 28 is required.

Utility Patent Registration Process

Several steps are involved in obtaining a utility patent. You must carefully choose the right application form for filing and then visit the IP India portal to initiate the application process. 

Each step involved in the utility patent registration process has been described below:

Select the Type of Patent Application

You can start the utility patent application process in India once you are certain that your product satisfies all the requirements for patent registration. 

To start the process of getting a patent, you must select the kind of application you wish to submit. There are options available to you. The first option is to submit a provisional application, which offers patent protection for a year before expiring. The second option is to go for Complete Application, which offers 20 years of full-term patent protection.

Conduct Utility Patent Search

Now, after deciding the application you want to file, it’s time to conduct a patent search. By conducting a patent search, you can check whether any similar inventions have already been patented or available in the public domain. 

If such a patent already exists, then you may not be able to get utility patent registration for your invention. However, if a similar patent doesn’t already exist, it’s a good idea to register it as soon as possible.

Filing of Utility Patent Application Form

For filing a patent application, you must file Form-1 with the Indian Patent Office. Additionally, you must also file Form-2 for Patent Specification which must contain detailed information about the invention. 

If you have previously filed a provisional application, remember to replace it with a complete patent application within a year to receive continuous protection for your invention.

Indian Utility Patent Publication

The Indian Utility Patent Publication is done in the Patent Journal. The patent applications are published in the Indian Patent Journal on every Friday. 

This publication is done automatically and takes place 18 months after the application's filing date or priority date, whichever is earlier. 

Request for Examination (RFE) 

The request for examination (RFE) for a patent application must be filed within 48 months of applying. For this, Form 18 must be filed. The patent office will assign the application to a patent examiner who will go through the application’s details and raise objections in case any discrepancies are found. 

In case of any objections being raised, the applicant will respond within 12 months. If the reply isn’t satisfactory, show cause hearings may be called for settlement of objections.

Grant of Utility Patent

Once all the objections have been settled, the Patent Office will grant the utility patent rights to the inventor which will remain valid for 20 years from the date of application.

How to Renew Utility Patent?

Anyone with a patent must ensure they routinely renew their patent right in accordance with the Indian Patents Act 1970 (Section 53, Rule 80). Doing so will ensure that the patent remains valid for the grant’s entire duration i.e., 20 years. 

To renew utility patent, the following procedure must be followed:

• Form-15 must be filed for restoration of a lapsed patent. It must be done within 18 months of the date the patent expired.

• In the patent renewal application, the circumstances under which the patent holder wasn’t able to pay renewal fee within the allotted time frame must be mentioned. To support the claim, paperwork demonstrating the reason for payment delay for renewal must be attached.

• Additional evidence may be required by the Patent Office if the proof provided is insufficient.

• If the patent controller disagrees with the restoration evidence, the applicant will be informed. If the restoration-related justification is not provided by the applicant within one month, the patent restoration application may be rejected.

• If the patent controller is convinced and approves the restoration, then the patent will be restored.

It is important to note that the financial situation of the patentee is not taken into consideration while determining whether renewal fees must be paid. However, while determining why the fees weren't paid on time, a bankruptcy that makes payment physically impossible will be taken into consideration.

Conclusion

Utility patent is a type of patent granted by the Indian Patent Office. By obtaining a patent for an invention, the inventor prevents his work from being sold or copied by others. They can also get royalty for their patent. Hence, obtaining a utility patent can be really beneficial. 

Frequently Asked Questions (FAQs)

Q1. What are the utility patent maintenance fees?

A. The utility patent maintenance fees differ for individuals and different types of entities. For individuals, educational institutions and startups, the maintenance fee can be anywhere between Rs. 800 to 15,000. For large institutions, it can range from Rs. 4,000 to Rs. 75,000. After including the government fees, attorney fees, and additional expenses, the maintenance fee can be higher.

Q2. What is the utility patent application cost?

A. The utility patent application cost depends on factors like attorney fees, government fees, prior patent search fees, and so on. 

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