How can I get my invention patented?

The first thing to know before you set out to patent your invention or innovation is where to go for the purpose. The process comes later. First, you need to go to the right place and that is Intellectual Property India, the official patent office of the Government of India, under the Department of Industrial Policy & Promotion, Ministry of Commerce & Industry. Under this department, we have the CGPDTM (Controller General of Patents, Designs & Trade Marks) office located in Mumbai while the patent head office is in Kolkata with branch offices in Chennai, New Delhi, and Mumbai.

Various Branches

The Trade Marks registry is located in Mumbai with branches in Kolkata, Chennai, Ahmedabad and New Delhi. The Design Office is located in Kolkata in the Patent Office itself. The offices of PIS (Patent Information System) and NIIPM (National Institute of Intellectual Property Management) are located in Nagpur. The Controller General supervises the working of the Patents Act, 1970, as amended, the Designs Act, 2000 and the Trade Marks Act, 1999 and also bits of advice the government on matters related to these subject areas.

IPR Matter

It is necessary to know the structure of patenting authority and the different divisions that relate to the different categories of IPR (Intellectual Property Rights); a patent is, after all, an IPR matter. Once you know the relevant authorities, where their offices are located, and what specific areas of IPR they cover, you can approach them for more information. From all indications, they are generally cooperative and helpful and now with a stricter anti-corruption regime across government offices, you shouldn't have any problem with them.

Legal Aspects

Since there is a significant legal aspect for all IPR applications, it is advisable that you get the help of legal experts for writing and filing your patent. There are specialized patent lawyers about whom you will be able to know on some websites that offer dedicated patent-related information. However, don't rely totally on them to do everything related to your patent application. In matters of IPR, it's necessary to be aware of the different processes as well as the legal implications of the rules binding your invention.

Updated on: 26-Jun-2020


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