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Patent Filing Process in India

Having an in depth understanding of the patent filing process in India is really crucial if you’re an inventor or innovator. Patent helps you protect your invention from authorised use and manufacturing giving the inventor the exclusive right to use the patented product or technology and to gain economically from the same. This guide explains how the patent filing process works in India with the patent process steps like who can apply for a patent in India or how to file a patent in India for free.

What is a Patent?

A patent is an exclusive right granted for an invention, which can be a product or a process that provides in general, new way of doing something, or offers a technical solution to any problem. This stops others from manufacturing, using or selling the invention without permission.

How to get patent registered in India

Who can apply for a patent?

Any individual or entity whether Indian or foreign can apply for a patent in India. The applicant may be the true and first inventor, their assignee or the legal representative of a deceased person entitled to make such an application.

Patent Process Steps

Patent Search: As you know, before registering a patent in India we must search whether the invention is already patented or not which makes this critical stage of your Patent Registration Process. This would save both times and resources.

Patent Drafting: Drafting a patent application includes preparing complete specifications & claims of the invention. A Patent Attorney or Agent should definitely draft the application and it is ideal to take some professional help while drafting in that this part of your disclosure can have a significant impact on the strength of your patent.

Submission of Application: The application can be submitted either online through Indian Patent Office website or physically in a patent office jurisdiction where it properly belongs. Applications fall under two categories including provisional and complete specifications.

Publication: An application is normally published after 18 months of its filing date in the Patent Office Journal. This helps to make an invention publicly accessible and increases the chance that prior art will be found before a patent granted for it, thereby defeating any such attempt. You should indicate if you want to have your paper published early by the applicants.

Filing of the Request for Examination: It must be filed within 48 months from the priority date. After this the Patent Office scrutinizes whether or not the application adheres to Indian patent laws.

Responding to Objections: If any objection will be raised by Patent Office, the Applicant must response. This might mean putting in a revised claim or providing additional details.

After overcoming all objections, a patent is granted and then certificate of the patent

Flow Chart for Patent Filing Procedure in India

How to File Patent in India for free

Yes, patent filing requires bigger funds than protecting any other but there are ways to minimize the cost. 

Provisional Application: To start with provisional application can reduce some expenses and give 12 months to the inventor for filing a complete application.

Government Subsidies: The Indian government also has schemes and subsidies for startups which can help reduce the cost of filing, letting resources be used in other areas.

Online Filing: In case of online filing there is a reduction in few administrative fees if compared to submission which can be done offline.

Patent Clinics & Universities: A few institutes provide the free or subsidized patent filing services for students & research scholars.

Conclusion

The steps in patent filing process in India range from conducting a prior-art search and replying to the objection raised by Patent Office. Knowing each step and taking help of the resources that are available can make this easy for the inventors in long way, and it can also reduce the cost associated.

Patents are a crucial element of any intellectual property protection for an individual, startup and even larger entity to protect their inventions.

Get in touch with the Brainiac Team

Steps to secure a patent with the Indian Patent Office
Simplified patent application process for entrepreneurs

Introduction

The process of patenting in the USA is a critical step for inventors, entrepreneurs, and companies who wish to secure their innovations. This article will take you through the basics about patenting, from learning what a patent is to manoeuvring complicated landscape of US patent law.

What is a patent?

A patent is the legal right given by a government authority to an inventor for exclusive rights over their invention, generally for 20 years. This right allows you to prevent others from making, using, selling or importing the patented invention. The main purpose of the patent system is to reward innovation by granting inventors a temporary monopoly in return for them publicly disclosing their invention.

Patent Example: Consider Thomas Edison’s invention of the incandescent light bulb. By securing a patent for his invention, Edison was able to control who could manufacture and sell light bulbs, allowing him to benefit financially from his innovation.

Understanding U.S. Patent Law

U.S. patent law is governed by the United States Patent and Trademark Office (USPTO). The USPTO administers the examination process for patents to ensure that only novelty, non-obviousness and utility inventions are under protection. In the U.S., there are three primary types of patents:

1. Utility Patents: Protect new and useful inventions or discoveries, such as processes, machines, compositions of matter.
2. Design Patents — Protects how an item looks or appears. For instance, you can design patent your smartphone design so that no one else made a similar design phone.
3. Plant Patents: These are granted for new and distinct varieties of plants that have been asexually reproduced.

The Role of a Patent Lawyer

The process of applying for a patent can be complicated, and many inventors choose to seek the guidance of a patent lawyer. A patent lawyer with experience in intellectual property law can assist you throughout the process, from performing a patent search to filing your application and defending it in court if need be. They are important to have on your side when you get sued, they can help make sure that what and how you claim is defensible.

Conducting a Patent Search 

Before filing a patent application, it’s essential to conduct a patent search. This search is a necessary step to verify that your idea has never been patented before and as such do some prior art research by looking through existing patents. However, the USPTO website provides a very detailed U.S. patent search tool to help you dive into current and already published patents.

Filing a Patent Application

Once you’ve determined that your invention is novel, the next step is to file a patent application with the USPTO. This application should have a detailed explanation of your invention, how it operates and how it is different from the existing patents of similar kinds or industry. If your invention is a new design, you may need to apply for a design patent. The filing process can be time-consuming and requires careful attention to detail, which is another reason why working with a patent lawyer can be important.

Can You Patent an Idea Without a Prototype?

Many inventors often wonder if they have the ability to obtain a patent for their idea even if they don’t have a prototype. Yes, there is an answer, but there are a few things to consider. In the United States, it is possible to submit a patent application for an idea, provided that you are able to provide a comprehensive description of the invention and articulate how it can be created and utilised. Having a working prototype is not necessary, but it is important to provide a detailed description that can be easily understood and replicated by someone with expertise in the relevant field.

How Long Does a Patent Last?

The duration of a patent depends on the type of patent granted:

• Utility Patents: Utility patents evaluate the invention based on how it works, and they last for 20 years from when you file your application — as long as you pay maintenance fees.
• Design Patents: Last 15 years from the date of grant.
• Plant Patents: These also last for 20 years from the date of filing.

If a patent expires, the protection of that idea has ended, and the invention is now available for free use in public domain.

Conclusion

Protecting your intellectual property is crucial, and one important step in doing so is by patenting your invention in the USA. By knowing different kinds of patents, by doing a thorough patent search and finally when you file your patent through experienced lawyer who handles patents successfully in the USPTO will protect your innovation offering competing edge on marketplace across industry.

What is a Patent?

A patent is a fundamental concept of intellectual property laws and rights. A patent is a right granted by the government to the creators or inventors for their novel and unique innovations.  The scope of patent is not just limited to inventions, but the subject matter of patent includes various kinds, be it technology, medicine, business, or accounting. This article delves into the definition of patents, provides examples, and explores their significance across various fields.

Understanding Patents in Detail 

In the wider field of intellectual property, a patent is an exclusive right granted to the inventor for his/her new, unique, and useful innovations for a specific period of time. This right restricts others from making, using, selling, or importing the patented invention without the authorisation of the inventor.

A patent is designed to encourage innovation by ensuring that the inventors can profit financially from their inventions while contributing to the overall pool of technology and knowledge.

Patent Definitions and Examples

Patents pertain to a broad classification of inventions, all the way from complex machines down to small tools. For simplicity, a few simple patent examples are mentioned below to portray the idea:

Post-it Notes: POSSIBLY THE simplest invention, Post-it Notes are patented for a unique adhesive that can hold the paper onto surfaces without leaving any residue.

Velcro: Velcro, a type of hook-and-loop fastener system and patented invention that is protected for its unique design as well as utility.

These patent examples and definitions highlight the diversity of inventions that can be protected under patent law. No matter if it is an institutional grade tech, or a simple household item patenting your work helps to protect the owner of the rightful invention.

What is a patent in medicine?

The importance of patents is even more pronounced in the medical field, with new drugs, medical devices, and treatment methods. In the field of medicine, a patent ensures that manufacturers of drugs and medical equipment retain the exclusive rights to their inventions, thereby aiding them in covering the costs associated with their research. For example:

Formulation of a new drug: When a pharmaceutical company develops a novel drug, they can patent the individual chemical compound so that others cannot manufacture or sell the identical compound during an agreed time frame.

In the medical industry, this type of patent is essential because it encourages innovation and gives businesses the financial incentive to invest in research and development of new treatments and technology.

Patent in Business

Having patents is a must in the business world to safeguard any innovation that creates a difference with respect to competition for an organization. A patent in business could be for a newly created manufacturing process, an innovative software application, or even new product styling. For example:

Amazon 1-Click Ordering: Amazon obtained a patent for its system that made ordering so simple that it only required one click. This patent essentially allowed Amazon to outflank competitors, owing to an ease-of-use shopping experience.

Patents offer businesses a chance to secure new ideas and advance market positions, focusing on licensing deals or collaboration.

Patent in Accounting

Though, at first sight you would not think patent and accounting could go together: progressing in financial software and data processing can massively increase the potential of analytical tools to scale. For instance, a patent in accounting may cover a new method for recording financial information or calculating the performance of certain markets.For example:

Tax software: A company that invents a better, simpler way to process tax returns and patents the technology behind it will be able to prevent competitors from using it without permission.

Thus, accounting patents promote innovation by incentivizing new tools and methods that increase financial management efficiency (or accuracy).

Conclusion

The foundation of intellectual property lies within patents, which provide protection and incentives for innovation across such domains as medical technology, business methods per se, or process in the field art. Understanding what a patent is as well as some common examples of patents in social media, technology, cars, and so on, will demonstrate how patents have profoundly shaped innovation.

Whether you are an entrepreneur, a startup founder, or any kind of professional for that matter, familiarity with patents could serve as guide ropes in helping your way through this ever-trickier field of innovation and intellectual property rights.