Patent Registration in Sikkim: A Comprehensive Guidance

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Patent registration in Sikkim helps to secure the new ideas and innovations of the local citizens. Under the Indian Patent Act, of 1970, Sikkim's patent registration procedure provides a critical means of defending creative works in a variety of fields, including traditional medicine, agriculture, ecotourism, and biodiversity conservation. However, Patent Registration in Sikkim is a complex procedure therefore it is more advisable to seek help from professionals who provide comprehensive guidance on this legal procedure. In this article, we will get an overview of the patent and then understand its procedure, requirements of documents, fees and advantages.

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Overview of Patent

Patent

A patent is a kind of intellectual property right that provides exclusive rights to the owner over their invention or idea. When an invention is patented, the owner of the exclusive right usually has the power to prohibit others from making, using, importing, or selling it without their consent.

Types of Patent

There are three types of Patent those are as follow:

1. Design Patent:

The design patent protects the unique visual representation of manufactured things. The shape of any smartphone, the pattern of a machine, the unique design of a fabric and many more things can be protected under the design patent.
2. Utility Patent:

Utility Patents provide exclusive rights and protect the distinct function of an invention or creation. A broad variety of inventions, such as new technologies, production techniques, and chemical compounds, are covered by utility patents.
3. Plant Patent:

Plant patents protect new and unique asexually reproduced plant varieties, like those obtained by grafting or cutting. Patents on new and disguised plant varieties that are created through asexual reproduction are granted for inventions or discoveries.

Patent Registration in Sikkim

Patent Registration in Sikkim is a legal procedure that basically applies via the inventor to get protection on their creation from the government. This orderly procedure involves filing a patent application with the appropriate patent office, which usually consists of broad claims outlining the invention's scope, drawings (if applicable), and detailed descriptions.

Purpose of Patent Registration in Sikkim

There are several purposes for obtaining Patent Registration in Sikkim some of them given below:

Protection:By filing a patent, the inventor will receive legal recognition and protection for his intellectual property, preventing others from copying, using, selling, or importing his invention.
Commercialisation:As a result of Patent Registration in Goa, inventors can licence or sell their inventions to others, allowing them to earn funding and encourage further creativity.
Public disclosure:A patent is a way for inventors to make their inventions public, contributing to the body of knowledge and fostering innovation.

Eligibilities for Patent filing

Patents can only be filed if an invention meets certain criteria. It should be novel, meaning it has never been disclosed before. In addition, the invention must not be obvious to someone skilled in the relevant field. Utility means that it serves a practical purpose. Inventions that meet these requirements qualify for patent protection.

Procedure of Patent Registration in Sikkim

The step-wise procedure of Patent Registration in Sikkim is as follows:

Step 1: Patent Search Report

The Inventor must conduct a Patent search report before filing the patent application. This search report helps to ensure the novelty of the invention or creation and lowers the chances of infringement. Conducting a patent search report can be complex, “Litem Legalis” can make it simple by providing professional guidance throughout the complete procedure.

Step 2: Patent Application Filing

After conducting a search report and knowing the novelty, the next step is filing a Patent application. The applicant has to fill out some forms that are as follows:

Form 1: This form contains 5 pages that pertain to all the personal details of the applicant/ applicants.
Form 2: In this form, the applicant has to describe all about the invention or creation. The description should be detailed which helps the examiner to get clear information regarding creation.

Some other form also has to be submitted in accordance with the requirement.

Step 3: Patent Journal

Once the patent application is filed, the patent is sent to the patent journal. It helps to provide public notice of the invention and to initiate the opposition period. At this window time, if any third party has any issue regarding the applied patent they can file the opposition. An opposition period provides transparency and ensures that only truly innovative and deserving inventions receive patents, fostering a fair and competitive environment for intellectual property.

Step 4: Examination

After completing the opposition window, the examination procedure gets started. Here, the patent examiner checks whether the criteria of that patent are met or not. They also check the patentability, novelty and originality, if the examiner finds any disbalance criteria (that is given by the applicant), an objection can be sent by the examiner.

Step 5: Grant or Refused

After completing the examination process and addressing any objections, the patent office will issue a decision on whether to accept or deny the patent application. The inventor will receive exclusive rights to the invention for a specified period, typically around 20 years from the date of filing if the patent is accepted. If denied, the inventor may have the opportunity to appeal the decision or make amendments to the application to address any deficiencies.

Required Documents for Patent Registration in Sikkim

There are some specific documents required for Patent Registration in Sikkim, that is as follows:

1. Patent Application
2. Inventor’s identity and address proof
3. PoA (Power of Attorney)
4. Patent Specification
5. Drawing and diagram (if any)
6. Proof of right

Note - The documents might vary as per the accordance and requirements of the Patent.

Fees for Patent Registration in Sikkim

The complete list of government fees for Patent Registration in Sikkim is as follows:

Step	Fees for Individual (INR)		Fees for Entity/Company (INR)
Step	Online Mode	Physical Mode	Online Mode	Physical Mode
Patent Application	₹1600	₹8000	₹1750	₹8800
Request for Early Publication	₹2500	₹12500	₹2750	₹13750
Request for Examination	₹4000	₹20000	₹4400	₹22000
If the Application has more than 10 claims	₹320/per claim	₹1600/per claim	₹350/per claim	₹1750/per claim
If the Application has more than 30 sheets	₹160/per sheet	₹800/per sheet	₹180/per sheet	₹880/per sheet
Any amendment of the patent	₹2400	₹12000	₹2650	₹13200
Any amendments in address or name	₹320	₹1600	₹320	₹1750

Benefits of Patent Registration in Sikkim

There are several benefits to Patent Registration in Sikkim, some of them mentioned below:

1. Registration of a patent gives the inventor exclusive rights to their invention, preventing others from making, using, selling, or importing it without their permission.
2. Patents allow inventors to capitalise on their inventions without being worried about infringement, providing a competitive advantage in the market.
3. By licensing or selling their patented inventions to others, inventors can generate revenue.
4. As a result of patents, inventors are encouraged to invest time and resources into research and development, knowing that their inventions will be protected.
5. Invention details must be disclosed as part of the patent application process, in order to add to the public knowledge pool and facilitate further innovation.

How can “Litem Legalis” help you?

Litem Legalis provides comprehensive guidance to help with the entire process of patent registration support. From initial consultation through the preparation and submission of patent applications, we guarantee exacting attention to detail. In addition to performing prior art searches and fighting for the protection of your invention, our experience includes navigating complicated legal requirements. We can help you secure valuable intellectual property rights for your innovation by guiding you through the complex process of patent registration.

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Conclusion

A crucial part of innovation, Patent Registration in Sikkim provides creators with the essential defence necessary to protect their intellectual property. Through the process of navigating complex procedures, meeting strict requirements, and utilising legal professionals' expertise, inventors can obtain exclusive rights to their creations. Patents encourage an environment that is favourable to progress and further innovation and technological advancement, going beyond simple legal formalities. As we embrace invention's transformative power, Patent Registration in Sikkim continues to be a vital tool for making sure that the products of creativity are properly acknowledged, safeguarded, and fostered for the benefit of present and future generations.

Frequently Asked Questions

A patent is an exclusive right that an inventor receives from the government that gives them the sole right to use their invention for a specific period. It stops unauthorised makers, users, sellers, and importers of the invention.

An applicant for a patent must prepare a detailed patent application describing their invention, submit it to the relevant patent office, undergo examination, and comply with all legal requirements and procedures.

A utility patent protects an inventor's operational features, including machinery, compositions of matter, processes, and manufactured goods. It gives the inventor exclusive rights to stop others from creating, utilising, or commercialising the patented invention without authorization.

Form 2 is used to file a provisional or complete specification for a patent registration in India. Along with the specification document, it includes information about the applicant, inventor, and invention.