Home Know The Law How To Filing a Patent in India

Filing a Patent in India

Introduction

When an inventor invents a particular thing then in respect to make use of it or to sell his /her creation for specific period of time the inventor need permission this permission has been named as Patent. So the basic definition of patent defines it as a legal document that is granted by the government of state or country, depending on the national rules. This system has been created with an idea of encouraging the inventors to safeguard their inventions. However, when see this in the field of law so this is just a branch of the wide tree named as Intellectual Property Law, which also includes trademark and copyright law.

However, not all inventions are patentable. Even though this law has been made with a view to safeguard the maker’s creation there are still certain things that do not qualify as patentable as given in section 3 and section 5 of the Indian Patent Act, 1970.some examples of such things are:

  • Any method of agriculture
  • Any process in the medical field or any treatment of human being, plants or animal.
  • Any discovery in the field of atomic energy.
  • Any discovery of digital gadgets.

For any asset to qualify as a patent it must fulfill three basic requirements those are,

  • It must be a new invention and there should not be any existential trace of it.
  • It must be unique, for example any improvement in any current technology is not patentable.
  • It must be valuable and should be useful.

Advantages of getting patent in India

This has been the most asked question and I think it is reasonable as the inventors should know that whether it is really worth to file a patent?  Well this can be explained with the help of an example; let’s first have a look at the advantages of having a real state property on your name.

  • You can rent it.
  • You can sell it.
  • You can use it in business and earn money from it.
  • You can stop others from using it without your permission.

Similarly, a patent is an intellectual property and contains all the advantages as in the real state property, but one need to claim it on his/her own name. But as the patent system is made with an idea to encourage new inventions, therefore keeping this in mind the patent has the term of twenty years of ownership and after twenty years a patent can be used by anyone.

Advantages of Patent

  • The person Own the invention for 20 years.
  • The person can use it to build a business.
  • The person can rent it to existing business.
  • The person can exclude others from using it.
  • The person can complete sell patent to other company.
  • The business and inventors can have complete monopoly and competitive advantage.

Patent filing procedure in India

Before starting with the procedure a very basic rule that ever one should know and take care of is that person who is that inventor should not disclose their invention in public domain before filing a patent application , failing which the innovation loses its identity.

An inventor can file a patent in two ways:

  1. The inventor can file the patent on his/her own.
  2. The inventor can take the help of a patent filing professional or agency – Since the process is a little complicated its generally advised to take the help of an agency or professional and sign a non-disclosure agreement.

Steps to file a Patent

Step 1 – Check if your Invention is patentable

The very first step is to check if the invention is patentable or not. This means that one need to check and confirm that another person has not applied for filing a patent for the same invention.

Step 2 – Draft the Patent Application

If person is still testing the invention then in that case the person can apply for provisional patent application. The application must include clauses like usability and outcome of the invention and the intension to license your invention.

Step 3 – Filing the patent application

When a patent application is submitted it must include several application forms as per the patent filing procedure in India.

Form 1 – Application for patent grant

Form 2 – Patent specification form.

Form 3 – Undertaking the statement with regards to foreign applications under section 8.

Form 5 – Declaration of invention.

Form 26 – Authorizing patent agent.

Step 4 – Publishing the patent application

After the submission of all the documents the patent is published in Official patent journal in a period of 18 months. However if someone wish to publish their patent early then they need to fill form 9 under which the patent will be submitted within one month.

Step 5 – Examining the patent application

Before granting the patent application is thoroughly examined as per the merits mentioned in application form. Also if someone wishes to expedite this process they can do this by filling form 18.

Step 6 – Decision to grant patent

If the examiner finds no objection in the patent he will grant the patent and it will be published in the official patent journal.

Step 7 – Renewing the patent

The patent also needs to be renewed. This can be done by paying the annual renew fee. In India a patent can be renewed for 20 years maximum.

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