How Can I Get Patent in India for My Idea or Invention? The most common question that can strike the mind of any individual who is thinking of patenting his invention is to how it can be done. This question can strike in heads of individuals from diversified backgrounds as below:
- Business Owner – Can have an idea or product to patent?
- Scientist – Can have new concept or formula to patent?
- Working Professional – New idea for software or business method
- ME or PhD Holder – research project to patent
- Student – to gain knowledge on how patent works
Whether an invention can be patented or not depends upon various factors- invention should be patentable, it should be novel, it should be non-obvious and have industrial application.
How Can I Get Patent in India for My Idea or Invention?
The process comprises of some indispensable steps which can be summarized as below:
Is my invention patentable?
In order to be patentable an invention should qualify the following criteria:
- The invention should be a patentable subject matter, that is, it should fall outside the scope of non-patentable subject matter. In India, non-patentable subject matter includes, laws of nature or anything opposing them, physical phenomenon, abstract ideas, discovery of any living thing or non-living substance, method of agriculture or horticulture, new form of know substances, method of playing games, any aesthetic creations, anything that causes a serious harm to human, animal, plant life or to the environment, among others.
- The invention should be novel. It should be different from all previous inventions called “prior-art” in one or more of its constituent elements.
- The invention has to be non-obvious that is it should have technical advancement with respect to know prior art (existing public knowledge). This technical advancement should not seem to be easily perceived to the person who is skilled in the proposed field of invention with reference to prior art. Get Patent in India
To determine the marketability of my invention
It is extremely important to determine the marketability of any invention as the ultimate value of any invention depends on this factor. To assess whether an invention can be marketable or not can be done by the inventor himself.
- The inventor can ask his friends and relatives about their viewpoint regarding the invention.
- A formal evaluation can be done from a university.
- The inventor can speak to a chain store buyer.
- A marketing expert can help by doing a legitimate market study.
However, for all the above stated ways confidentiality is a factor which has to be thought with utmost importance from the inventor’s side.
To conduct a Patentability Search
Patentability Search for any invention to be patented is a step that cannot be compromised. It helps to:
- Determine whether an invention can be patented.
- Avoid unnecessary expenditure.
- Provide more information about operability and design.
- Obtain commercial information.
- Provide background to facilitate preparation of patent application.
File a Provisional Patent Application before the Patent Authority in Home Country
The Indian Patent Law follows the first to file system and a Provisional Application is filed for this. A Provisional Application is filed when the invention is still in its experimental stage. The date on which the application is filed is called the Priority Date. The Provisional Application helps in securing the inventor’s invention temporarily. Get Patent in India
File Complete Patent / Non-Provisional Patent Application with set of patent claims
The Complete Patent Application has to be filed within 12 months from the Priority Date. If it is not done within this stipulated period, the application is considered to be abandoned. The Complete Application also comes with the Claims Section. Claim is a crucial part in any Patent Specification. Claims should be written with exact terms keeping in mind the legal aspect failing to which it can be rejected due to technical failure. Only one capital, one period and no dashes, quotes, trademark or abbreviations should be used while drafting Claims. The claims should always be accompanied by visual representations.
To follow the Patent Deadline Dates
Every Patent is application is published 18 months from the Priority Date. However, it is advisable to file a request for early publication. This will lead to publication within a month from the Priority Date.
The Patent Application is not examined just after its filing. Hence, it needs to be followed by request for examination. The request can be made within 48 months from the Priority Date.
The Patent Application is assigned to a Patent Examiner by the Patent Controller. The examiner verifies the patentability of the invention by close scrutiny.
During the Patent Prosecution, the examiner provides the examination report in which the relevant prior cited may nullify the claimed invention. In this stage, the inventor along with the Patent Attorney has to analyze to respond to the examination report. Get Patent in India
After such minor obstructions, the application will finally be placed for grant and it will be duly notified in the Patent Journal.
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