FILE A PATENT
File a patent is the first step an investor takes to protect his/her invention from being misused. File a Patent in India is a reasonably complicated ordeal; however, it can quickly do it with proper legal guidance.
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WHY FILE A PATENT IS IMPORTANT?
A patent attorney-at-law will do an accurate search of the patent database.
The lawyers will charge inventiveness for comparisons with similar works.
The affiliate will choose the application and registered it with the Patent Office.
File a Patent in India - An Overview
A patent in India is a license granted to an individual or enterprise by the government that prohibits others from producing, managing, marketing, or importing the licensed product or process without earlier approval.
File a Patent in India is a reasonably complicated challenge; however, it can instantly do it with proper legal guidance. Any business object or an individual who holds in securing their patent, one of the intellectual properties should get a legal discussion from expert Patent Practitioners. legaltoast helps you with the simplest way to file a patent.
FILE A PATENT - WHO SHOULD DO IT?
Any individual or business can apply for patent in India to preserve their invention from others. A design can be a new product or a new process.
WHY FILE A PATENT IN INDIA? - BENEFITS
You must submit some forms at the patent office for file a patent in India. If you own a digital certification of Class 3, you can easily submit it online using the link http://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin”. The patent India office will be requiring an additional 10% fee in online applications.
Offices for file a patent in India are migrated across major cities like Mumbai, Chennai, Kolkata, and Delhi. You require to file your patent at several offices in your locality. Patent registration in India is crucial as it restricts the contenders from copying, selling, or importing the inventors’ productions without their permission. It remains valid for 20 years from the date of the patent petition.
Like several other intellectual properties, a patent can be given or sold by the inventor.
Advantages Of Owning A Patent
A patented product is likely to develop brand perception and possibly enable your business to charge a premium.
- Patents can improve your business profits while slowing down competitors for years to come.
- The patent owner controls the invention’s use for a full twenty years with exclusive rights.
- Patents can be sold and authorized like other forms of property.
Why Should You Opt For A Patent Lawyer/Agent?
Although the patent legislation does not mandate the benefit of a patent attorney and it is highly advisable to hire an agent because:
- Patent documents are complicated and need professional expertise and legal knowledge to compose and file the application.
- Many countries’ law requires an applicant who stays in a foreign country. If the primary place of business is in some other country, be represented by a patent agent or lawyer.
According to the Indian Patents Act , 1970, a patent attorney is authorized to:
- Practice before the Controller
- Prepare all certificates, conclude all business and discharge such other purposes as may be conducted in connection with any transaction before the Controller under this Act.
HOW TO APPLY FOR PATENT IN INDIA? – A DETAILED PATENT FILING PROCESS
can acquire patents by following the below-mentioned steps:
The plan for the grant of the patent begins with the
Step 1: File a patent application:
One of the required aspects for file a patent in India is patent specifications. The complete patent specification drafting process is a skilled task that qualified professionals can only do.
Ideation: Here, you require to pen down the idea or concept, clearly communicating the necessary details about the invention and the required patent.
Visualization: Visualise your idea and components like designs that explain the invention more.
Verification and Patentability Search: The next step is to check whether your invention is patentable as defined in the Indian Patent Act. Some designs may not be patentable, and they must meet the patentability requirements such as:
- Patentable subject matter
You can also conduct a patent search on http://ipindiaservices.gov.in/publicsearch with the help of experts.
Inducting a patent application is an art in itself. Inquiring the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, it is best to file an optional preliminary application called a provisional patent application.
Step 2: Preparation of patent report: Authorized patent professionals do extensive research and prepare the patent report, which contains the analysis based on the criteria mentioned above.
Such criteria are mentioned below:-
Why Provisional Patent Application Is A Good Idea Before Filing The Patent Application
A provisional patent application secures your date and work. It means that none of your competitors can file for a related invention once you file for a provisional patent application.
- As India follows the first-to-file system, this secures that the holder of the provisional patent would also be granted the permanent patent
- There is a defense time of 12 months to develop your invention further and define the complete details. The application gets discarded upon expiry of 12 months of the application
- The cost and supply involved for provisional patent application are less when related to the permanent patent
- The provisional specification helps you determine your invention’s market potential before taking the final leap and filing a complete specification.
- Once you are ready with your R&D and your invention’s detailed terms, you can go in for a complete patent application.
Step 3: Publication of patent application: The application is then written after 18 months. Can request the early filing of the application forward with a prescribed fee.
A. Patent Examination: patent examination would be a formal submission of a request that must file within 48 months from first filing the patent (provisional patent or complete patent)
If failed to register within the time frame, the application will be handled as withdrawn by the Patent Act’s patent office.
The examiner then conveys a comprehensive investigation and releases the patent prosecution’s first examination report.
B. Patent objections: Generally, patent applicants accept objections, like “inconsistent or unclear claims,” “invention lacking novelty,” etc. Therefore, it is compulsory to examine the patent examination report and select a proper acknowledgment of the objections.
Grant of patent: Once all the patentability specifications are met, the patent allowance notification will be written in the Patent Journal.
How to make money from Patenting your invention?
Licensing A Patent:
A patent owner can authorize his idea to a person and assign rights to the licensee to sell or make the licensed invention. The patent owner can control several rights. A permit agreement must include an upfront instalment and a royalty interest.
Royalty is the percentage of the profits obtained from the authorized product over a while.
Selling Of Patent:
A patent registered in India can be sold to anyone within the country and sell a patent in India if the inventor has patented his invention in India. By selling patents, inventors can oblige a lump-sum payment and is best in the long run. He can be free from sustaining fees for the patent office, prosecution fees, and most importantly, free from worrying about the future economic recession.
Publication of Filed Patent
For file a patent in India, the Indian patent office holds every patent application confidential till it becomes published adequately in the Patent Journal.
The edition of patent registration in India happens automatically after 18 months from listing the applications, and there is no requirement for any question to be raised.
To get the patent written in advance, the applicant has to receive a formal request, and it will get written within one month of the application.
The publication date matters the most as the creator is entitled to protect his work legally post-publication.
LICENSED PATENT AGENT IN INDIA
A patent analyst is a person who sends the list of denials. When there arises the need to change the patent application, the patent agent can address or argue against the rejection.
Usually, the phrases “patent lawyer” or “patent agent” are interchangeable, but there are yet some variations between both situations. Patent lawyers are constitutionally qualified to advise intellectual property violations and describe others in a court of law. Patent lawyers are also listed with the bar council, whereas a patent agent frequently holds a degree in engineering, science, and technology.
FAQs on Permanent Patent
A patentable invention can be any:
- Art, process, or manner of manufacture
- Machine, machinery, or other articles
- Materials produced by manufacturing
- Computer software with technology utilization to industry or used with Hardware
- Product patent for food, chemicals, medications, and drugs
Twenty years from filing for a provisional or permanent patent, the patent falls into the public domain. A provisional patent gives the applicant protection for one year.
The details of the invention have to be submitted in a CD or pen drive mentioning the name, comparison with existing products, uses, and publication date (if any). should also provide the applicant information.
Applying in India enables the candidate to file a similar application for the same invention in general countries within or before the expiry of twelve months from India's filing date. Accordingly, they should obtain separate patents to protect their invention in those countries. There is no patent valid worldwide.
The database InPass provides a complete account of all the patents registered so far (both accepted and rejected), the details of persons/companies registering for such patents, the steps included in the particular invention, and so on.
The first step is to click go, run a public search and search for written applications or granted patents. You can use the relevant field of interest on which you need the patent to be awarded. There are several search parameters given on the page. You can take them according to your necessity. For situation, one can search for patents or applications by doing a keyword search, application name search, or through the inventor's name search (or a company name, if you are viewing for anyone in particular).
A patent is a right allowed to a patentee, who is an individual or enterprise, for a design for a limited time. Licensing an invention means the patentee can restrain others from selling, copying, or importing the patented product without their consent.
A patentable design can be any art, process, method, machine, or manner of manufacture, equipment, or other articles; materials produced by manufacturing; computer software with technical application to industry or associated with Hardware; and product patent for food, chemicals, medicines, and drugs. A patent for a product or process that determines success can give its owner a difficult competitive advantage over competitors.
Apply for patent in India when the idea or design should fulfil the following requirements: Patentable subject matter: Per the Patents Act, Sections 3 and 4 lists the non-patentable subject matter, and hence the invention mustn't fall under those sections.
Inventive or non-obviousness: As the name suggests, the invention must not be evident to persons skilled in the particular field, and any feature of it may involve technological advancement, or the invention may have economic significance.
Novelty: The invention or technology must be new and not published in any public domain or anywhere else in the world. Industrial applicability: The invention should be of practical use or capable of being used in an industry
When the invention has met all the specified statutory requirements, the applicant must draft the patent specification and file the same with the patent India office. Patent specification or the patent disclosure, or a permanent patent (all synonyms) is more of a techno-legal document wherein the inventor must specify the complete details of the invention to seek patent protection. Of the different sections like background, summary, brief description, the claim section is of utmost importance. Must do it carefully with a patent lawyer or patent agent's assistance. The claim section defines the scope of the invention.
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