How to Register Patent

Registering a Patent

patentPatent is the granting of an exclusive right to the inventor to use, enjoy and sell his invention. Patent is given to encourage the inventors to carry on with their inventions and to reward them for communicating it to the world. Several claims and conflicts arise while registering a patent. In India patent is granted by the Controller General of Patent Designs and Trademarks.

How to register patent Worldwide

In order to file a patent world we can file a patent application in any one country and then within one year we can select the countries in which we want to have patent. This is according to the Paris Convention. But the limitation is that this will apply only to the signatories of the Convention. Whereas under the Patent Cooperation Treaty the applicant can have 30 months time starting from the date of filing of the application in the first/home country in order to file the patent in different countries. In this case also same limitation applies as the treaty will not be applicable for non members.

How to register Patent in US

us-patentThe US Patent and Trademark Office grants patent in US. There are two types of applications: Provisional and Non provisional application. The applicant can present a detailed description of the invention along with the abstract, specifications and drawings. This will be subject to scrutiny. The application will also be open to public for any objections. Within 18 months of the filing of application the USPTO will grant the patent retrospectively (from the date of filing of the application).

How to register a patent in Canada

patent-registration-canadaThe Canadian Intellectual Property Office grants patents in Canada. The applicant who needs to obtain a patent should submit the application stating the brief description about the invention, the specifications and drawings along with the prescribed fees. If the person is not a citizen of Canada or if he is not having a Canadian address then he should give the address of his representative in Canada. The application will be open to the public for inspection and they can raise objections within a period of 18 months. The applicant can also make it earlier by paying extra fees. The request for examination should also be filed. After scrutiny and settling the objections if any, the “notice of allowance” will be issued. The appeal to decision of the examiner can be made before the Commissioner of Patents reviewed by the Patent Appeal Board. Further the appeal can be moved to the Federal Court of Canada and thereafter to the Supreme Court.