Patent Registration

A patent is a right that is granted to an individual of enterprises under the government used to exclude other individuals or companies to copy makes or sells the patent products

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    Patent Registration

    A patent is a right that is granted to an individual of enterprises under the government used to exclude other individuals or companies to copy makes or sells the patent products without the approval of the owner of the patent. It is mandatory for all the Indian inventors who want to protect their intellectual property, regardless of their respective sectors to get their patent registered under the Patent Act, 2002.

    Procedure For Company Registration

    STEP 01

    Complete our Simple Form

    You need to fill our simple company registration form and submit documents for formation of a company.

    STEP 02

    Obtain DSC and DPIN from us

    After submitting your documents we will provide you with DSC and DPIN.

    STEP 03

    Verification and Name Approval

    Details provided by you will be verified and then we shall apply for name approval.

    STEP 04

    Document Submission

    We will create all the required documents and file them with ROC on your behalf.

    STEP 05

    Your work is completed

    Once your company is incorporated, we shall send you all the documents and DSCs.

    Documents needed to get patent registration in India

    • Patent application in form-1
    • Proof of right to file the application of patent. This proof could either be attached at the end of application or along with it.
    • If complete specifications is not available, then provisional specifications.
    • In the case of provisional specifications, then complete specification in form-2 within 12 months.
    • Statement and undertaking under section-8 in form-3 (if applicable).If patent application is filed by patent agent, then power of authority in form-26
    • Copy of Aadhaar Card/ Voter identity card of directors
    • Landlord NOC (Format will be provided)

    Detailed Procedure patent registration

    Before, we jump onto how to complete patent registration process, you should know whether a patent will be available for it or not. For this, you must go to https://www.madrasfilings.com/patent-search. This a required step, in case you haven’t done so.

    You need to provide 3 different options for your company name to MCA of which one will be selected. Names provided should ideally be unique and suggestive of company business.

    After the patentability search, the innovator should prepare an application in Form 1.
    Then, you need to attach patent specification with each application. This is done in Form 2, where complete or provisional specification is mentioned depending upon the state of invention. If it is provisional specification, then a period of 12 months is provided for one to finalize the invention and file the complete application.
    Finally, you need to submit in your patent draft. On the basis of this draft, the patent office will decide whether the patent could be granted or not.

    The application filed with the patent office will be published in the official patent journal. This is done after 18 months of filing of the patent. The inventor can use form 9 for early publication. In case, there is some restriction placed by the Indian Patent Act with regards to the publishing of the patent, it will not be published in the journal.

    Examination process is done before the patent is granted and the application for examination has to be made in form 18. This process should not be delayed, as it is first come first serve basis. After this application is filled, it is passed on to the patent officer who checks every condition according to the patent rules and regulation.
    If there are any issues that needs to be addressed then, it will be communicated.

    After the thorough search is conducted, then First Examination Report (FER) is filed in this case.

    Frequently Asked Questions

    How many directors are required to register a company?

    Minimum 2 directors and 2 shareholders are required for company registration. The directors and the shareholders can be a same person. Directors and shareholder can be different people too. Even companies or LLPs can be the shareholder of the company.

    Can a company be registered at residential address?

    Yes company can be registered at residential or commercial address. You need to have a electricity bill and the NOC of the owner. The company cannot be registered at the virtual address.

    Can my wife/relative be a director in company?

    Yes anyone can a be a director in the company if he meets the following conditions:

    1. Age should be more than 18 years
    2. Not criminally prosecuted
    3. Of sane mind
    4. Not bankrupt

    What is the minimum capital required to register a company?

    The minimum capital can be Rs 1 as well. The authorized capital should be minimum Rs 1 lakh.

    How to select a name of the company?

    Please refer our blog on this here. But the basic capital to register a name are:

    1. It should be unique
    2. There should be no trademark registered of the given name
    3. It should have a prefix and activity word
    4. It should not have words like finance, minister etc
    5. For words like Global, Corporation, World the capital should be more that 25 lakhs

    What is tax rate for Private limited companies?

    Can I be a director if I am a employee in other company?

    Why Choose Madras Filings

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