The modern age is the age of innovations where more and more innovations are taking the shape of a business with higher earning and revenue generation prospects. With the same technology, there are even more possibilities of such innovation being taken or stolen away in the era of digitalization and even ending up losses and closure of business. In such cases, the only resort is to place a hedge of protection to such innovation by getting the same registered as an ‘Intellectual Property’ under Intellectual Property Rights (IPR).

Talking of IPRs, patents are intellectual property that intends to give the owner exclusive rights regarding the use, application, selling & distribution of patent rights either wholly or partially, due to these benefits, more and more companies are encouraging innovations and seeking patent protection under the IPR laws in Noida, Uttar Pradesh. The provisions related to the registration, transfer or rights, renewal, etc. are governed under the Patents Act 1970 as amended under the Patents (Amendment) Act 2021.

Applicants who wish to seek patent registration internationally may apply to the Indian Patent office for an international patent registration under the Patent Cooperation Treaty (PCT) is available in any regional offices located in Kolkata, Chennai, New Delhi, and Mumbai, who shall receive the application and forward international authority. On obtaining registration, the applicant shall get protection in as many as hundred and fifty countries in the world.

Patent RegistrationWhat could be registered as a Patent in Noida, Uttar Pradesh?

Any inventive technology, process, or any other invention which includes any inventive step and further is capable of industrial application could be registered as a Patent. However, such invention should not fall within the prohibitions prescribed under sections 3& 4 of the Act 1970. For instance, any invention which claims something contrary to established laws of nature, or any invention which could impose risk to human life or any other living beings, etc. cannot be registered as a patent.

Who is authorized to make an application for Patent Registration in Noida, Uttar Pradesh?

Any of the following persons may make an application for registration of a patent to the Patent Office in Noida, Uttar Pradesh-

  • Original inventor of the invention;
  • Any other person to whom a patent has been assigned by the former; or
  • An authorized legal representative of the original inventor;

Documents Required for Patent Registration in Noida, Uttar Pradesh

Provided below is the list of the documents required to be submitted with the patent application in Noida, Uttar Pradesh-

  • Provisional Specification, where complete specifications are not available;
  • Statement and undertaking in Form-3 under section 8;
  • Complete specification of the respective invention (in Form 2);
  • Drawing(s) of the inventive work;
  • Personal Details of the applicant ( Name, Address, Nationality, etc.)
  • Power of Attorney (where an application shall be filed by the authorized agent of the applicant)
  • If the applicant making an application is/are not the original inventor, then a copy of the assignment deed or an application form duly endorsed by the inventor;
  • The priority document must be submitted in case of a
    • Convention Application; or
    • Under PCT National Phase Application where requirements of Rule 17.1 have not been satisfied;

Patent Registration OnlinePatent Registration Online in Noida, Uttar Pradesh

Uttar Pradesh is truly the heart land of the country, lying between the two dedicated freight corridors of the country i.e. Eastern Corridor running between Ludhiana and Kolkata and the Western Corridor running between Delhi and Mumbai, which connect to even the remote parts of the region. This state possesses the longest rail, road and river network in the country since it is the most populous state with 200 million citizens residing which is equivalent to the number of inhabitants of Brazil and is 4th largest in terms of area. 63% of the population here is between working age group of 15-59 years. With 22% Urbanisation, there are 912 females per 1000 males. The state has 3rd highest GDP in the country.

With the presence of several monumental structures and pilgrim centres like Taj Mahal, Sarnath and Kushinagar pilgrimage for Buddhist and Prayagraj a place of worship for Hindus at Varanasi, this state has a huge tourist foot fall. It recorded highest number of foreign and inland travellers arriving in during the year 2019. This state is the seventh heaven for the holidaymakers taking into consideration that the region is popularly known for several locally dedicated business clusters i.e. perfumes of Kannauj, shoes of Agra, brassware of Moradabad, embroidered sarees of Varanasi, leather of Kanpur, chikankari of Lucknow and carpets of Bhadoi etc. UP is also well known for the production of milk and horticulture crops like potato, mango, guava, peas in the country.

Uttar Pradesh has evolved as a centre point of IT and ITeS sector, including business process and software outsourcing. Noida being one among the IT cluster cities of the region. The Software Technology Parks of India helped the exports from the region rise up to $3 Billion during 2018-19. This state has over 25 Special Economic Zones for the IT/ITeS and more than 40 such parks to boost the entire ecosystem. The government has also reserved 700 acres of land for the Noida International Airport and Electronic Mega City. It Ranks 2nd in the Business Reform Action Plan 2019 Rankings.

Investment opportunities in Uttar Pradesh value more than $726.09 bn, comprising of a total of 1488 projects out of which 23 are private and 1465 are Government owned projects, with 212 promoters involved, spread across 76 districts of the state, which makes Uttar Pradesh a paradise for developmental projects in the commercial segment. Prestigious Government schemes are also running here successfully like Pradhan Mantri Awaas Yojana Gramin which values about $59.41 bn, Pradahan Mantri gram Sadak Yojana Project costs a whooping amount of $50.25 bn, Solar Power Project of the valuation of $63.59 bn and Wind Power Project worth $56.49 bn. This state is among the top 5 states active in manufacturing, with highest number of Small, Medium and Micro enterprises (MSME’s) in the country.

With the purpose to simplify the process and making it more convenient for the applicants, the process of patent registration in Noida, Uttar Pradesh has been made available on both modes- offline as well as offline. Now, the applicant does not need to visit the patent office as all the further communications between the patent office and the applicants happen through e-mails. However, where any hearing from both the party sides is required, the parties may be required to be physically present with a prior appointment.

For making an online application, the eligible applicant shall be required to apply through e-filling of the patent application by accessing the online portal of Patents (https://ipindia.gov.in/) and creating a user id and password for accessing the portal. The applicant shall also be required to obtain a Class II/III digital signature for user registration on the portal.

Process of Patent Registration in Noida, Uttar Pradesh

Step 1- Determine whether your invention is patentable?

Before starting the process of patent registration, the applicant must assess –

  • If the invention is patentable; and
  • Such invention is not already registered or is in the process of registration;

The test whether or not an applicant qualifies for being patented depends on factors such as

  • Novelty
  • Non-obviousness
  • Capable of Industrial Application and
  • Not prohibited under the provisions of sections 3 &4 of the Act 1970

Thus, making in-depth research about the above-mentioned facts will not only increase the chances of completing the patent registration successfully and efficiently but will result in savings of costs and time for the applicant.

Step 2- Draft Application for Patent Registration

If your invention clears the first step, you can move towards the next step and prepare the patent application in Noida, Uttar Pradesh. The applicant shall be required to fill and draft a patent application which could be either submitted with provisional specification (if the invention is still in the testing phase) and file complete specification within 12 months, or file the application with complete specifications at the beginning itself.

While drafting a patent application, the necessary clauses such as application and outcomes of the invention, the intent of the patentee to license the patent, prevention from the competition, etc. should be prescribed in detail.

Step 3- Filling applicable Patent Registration

Unlike other applications, a patent application in Noida, Uttar Pradesh needs to be submitted with various application forms for several purposes. But, before filling, the applicant needs to go to the portal by clicking the link http://www.ipindia.nic.in/form-and-fees.html, select and fill out forms and submit them on the portal.

Form Name Purpose
Form 1 Application for registration of an invention as a patent;
 

Form 2

 Specification along with the form (provisional or complete)
Form 3 An Undertaking and statement regarding a foreign application under section 8;
Form 5 A Declaration of the invention to be made by the applicant;
Form 26 Authorization of an agent for patent application;
Form 28 Required to be filed in cases where the applicant wishes to claim the status of a Small Scale entity or a start-up;

Step 4- Submission & Publication of the Application in the journal

On submission of the patent application form with the patent office, the application shall be published in the patent journal within 18 months of the filing of the application. However, there is another option under which the applicant can choose for the early publication of the patent by submission of Form 9, under which the application shall be published within 1 month.

Step 5-Examination of the Application

In the next step, the examiner will scrutinize the application based on the merits of the invention, as claimed by the applicant in the specification form by filing Form 18. A patent applicant can also expedite the examination process by submitting Form 18 A on the portal. The examiner will search for any pre-registered similar technologies to assure the invention satisfies the criteria for patentability. On careful examination of the application, the applicant will submit an examination report providing grounds of objections, to be clarified by the applicant. If the applicant wishes to make changes in the application, he can submit a formal request for changes in Form 4.

Step 6- Grant of Patent Registration

On satisfaction of the fact that all objections have been cleared and all discrepancies have been corrected, may allow registration of the patent and order the same to be published in the Official Journal of patents.

Time-involved and validity of Patent Registration in Noida, Uttar Pradesh

Once accepted and published in the journal, a patent registration may take around 2-3 years under the ordinary procedure and about 1-1.5 years under the expedited process for patent registration.

Benefits of Patent Registration in Noida, Uttar Pradesh for Patentee

  • Encourages invention and scientific temper- In the modern era of technology, inventions are of great significance for a nation as they cause improvements over the older problems, bring ease and comfort for people, help businesses and the economy to prosper. Therefore, inventions and innovations must be encouraged and provided sufficient protection against copying or unauthorized use through patents.
  • Ensures Legal Protection against any unauthorized use- Registration of an invention as a patent and subsequent publication of the same in the journal means that the fact that the patent has been registered comes to public knowledge. If any person makes any unauthorized use of such registered patent without the permission of the patentee, may invite a cause of action against himself.
  • Eliminates Competitors in the market- Introduction of any new invention naturally gives the patentee an edge over its competitors and further helps the individual /business organization to eliminate or limit competition in the relevant market by gaining more market share.
  • Higher Business opportunities & profitability- Having a novel inventive technology will naturally help a business to reduce costs and manufacture products faster with efficiency, which will naturally cause better profits and better funding and expansion opportunities from investors and stakeholders. Small scale businesses and start-ups may seek business funding and even overseas investments due to their patents.
  • Revenue Generation prospects from distribution rights- A patentee of any novel technology has not only the benefit of getting higher business profits but also to earn extra income from selling distribution rights in the form of licenses and royalties through the transfer of patent rights.
  • Comes with a long validity period- Though the waiting period for patent registration is generally longer, it comes with a longer validity of twenty years at once and could be further renewed by making an application to the Patent office in Noida, Uttar Pradesh.

Time-period for Disposal of Applications under the Act

Applicability Type of Application Time-period for Submission & Approval
Application for patent registration either with provisional/complete specification

 

 Provisional Application/Complete Application. 12 months from the priority date or date of filing of the provisional application;
Where an application is filed with an intention to claim more than one invention;

 

 Divisional Application Same as Above
For making an international patent registration application under PCT (registration in more than150 countries) PCT International Application within 12 months from the date of priority or date of filing of the priority application
iii. Filling patent registration application based on claiming a priority date based on the same or substantially similar application filed in one or more convention countries. Conventional Application filed within 12 months from the date of priority or date of filing of the priority application
In cases where an international application is being made following the PCT designating Noida, Uttar Pradesh National Phase Application Within 31 months from filling international application or priority date, whichever is earlier;
For every application Publication in the official journal of Patents Within 18 months from the date of filling application or the priority date whichever is former;
For every application Pre-grant Opposition within 6 months from the date of publication
For every application Examination of the Application Within 48 months from the date of priority of the application.
For every application Issue of the first examination report. Each examination report must be replied to within 12 months.

Can every applicant make an application for an expedited process of Patent Registration in Noida, Uttar Pradesh?

Under rule 24C of the Patent (Amendment) Act 2016, an applicant may file for an expedited process of patent registration subject to making a formal request for an expedited process in form 18A along with prescribed grounds-

  • Where Noida, Uttar Pradesh has been indicated as the “Competent International searching authority’ or has been chosen as primary ‘International Preliminary Examining Authority in the application;
  • Where the applicant is a small scale entity or a start-up;
  • Where an applicant is a natural person or where an application is submitted by joint individual applicants and where at least one applicant is a female;
  • Where an application is submitted by any Government Department or any Government Company;
  • Where an application is being made by any institution that is established by a Central or State Act and is either owned or controlled by the Government (State/Central);
  • The applicant is an institution that is either completely or substantially financed by the Govt. of Noida, Uttar Pradesh.
  • The applicant is a sector notified by the Government of Noida, Uttar Pradesh or
  • The patent applicant is eligible for an expedited procedure in pursuance of any agreement signed between the Noida, Uttar Pradesh Patent Office and the Patent office in any foreign country;