How It Works
What is a Patent?
As per the Patent Act, for an invention to be patentable, the invention must be a new product or process, involving an inventive step and capable of being made or used in industry. Patent registration can be obtained in India for an invention. Patent registrations are not applicable for all inventions, and the invention must satisfy certain criteria to be patentable in India.
Patent filing or patent registration is the first step an inventor takes to protect his/her invention from being misused. Patent filing in India is a complicated process, however, with the right legal guidance, it can be done easily.
Patent Registration Process
- Step 1: Patent Search
- Step 2: File patent application
- Step 3: Preparation of a patentability report
- Step 4: Publication of patent application
- Step 5: Patent Examination
- Step 6: Patent Objections
- Step 7: Grant of Patent
Benefits of Patent registration
Registering a Patent offers many benefits.
- Exclusive authority over your invention
- Exclusive patent right grants the owner of the patent controlling use of the invention for twenty years
- Commercial use of patents can earn monetary returns
- Patented product is likely to improve brand perception
- Owner/Inventor can sell or transfer the intellectual property rights of the work to the other person
Documents required for registering a Patent
Listed below are the documents that are required for registering a Patent
- Title of the invention
- Applicants Information - Name, address, contact details and nationality of each applicant for the patent
- Description of the Invention - Detailed description of the invention and details about what the patentee wants to claim out of the invention
- Technical aspects of the invention - Technical details about the invention and drawings along with copy of Provisional patent (if filed)
Frequently Asked Question
Is the patent valid outside India?
A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global.
However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries or under PCT, within or before the expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
How does a patent expire?
The patent can expire under following conditions:
- If it has lived its full term ie. 20 years
- The patentee failed to pay the annual renewal fee
- The validity of the patent has been successfully challenged by an opponent by filing an opposition
- The patent is revoked
Why should one patent his invention?
Patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it, anybody can exploit it commercially once available to the public. To restrict others from utilizing, selling, or making copies, the inventor must file for a patent.
What are the important criteria for filing a Patent?
An invention needs to have these three main qualities to be patentable:
- Novelty – invention should be new
- Inventiveness (Non-obviousness) – should have an inventive step that makes the invention unique
- Industrial utility/Usefulness – it should not be a mere prototype but it should be working and has to have some use
Is it mandatory to always file a provisional patent before filing the complete specification?
Filing for a provisional patent is an optional step, if you already have complete information about your invention, then you can directly go for complete filing, there is no requirement to file the provisional application for patent.
What our users have to say
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