How are Patents Filed in Big Companies?

Last Updated at: Jul 06, 2021
749
Patents filed
During the COVID-19 disruption, big companies/organizations are primarily focusing on research than filing patent applications. Innovations made during these times may become a big asset to the researchers. Hence they are filing mostly for provisional patents application for such innovations. This would give them a timeline of 12 months for coming up with the complete specification. This would also help in reducing the cost of filing patents for one year.

 

A patent protects intellectual property for 20 years and no one else than the patentee can manufacture the product. After 20 years, the invention goes public and is free to use by anyone. A patent is also known as a negative right. Various companies have a number of patents for various inventions. They have a separate department that will handle all legal processes. Let’s see how patents filed in big companies.

As per NASSCOM’s recent report, 70% of the patents came from MNCs, and 7% from startups. The healthcare and automobile industry have filed over 80% of the patent. The report says the Internet of Things (IoT) is the driver of Patent Growth in India moreover in the sectors of healthcare, Disaster Prevention, Public Safety and Security, Manufacturing and Supply Chain. 

Patents Filed In Big Companies

You may know how companies get a lot of patents on their own. Typically they encourage employees to come forward with their unique ideas. And then they work on the idea. More than 900 patents have been granted to Indian inventors with IBM. 

Inventor gets a reward depending on company policy for submitting the invention itself. They are rewarded after the invention passes through all criteria and a patent application filed. Some companies have different policies and they pay after the patent grant. If a product gets a grant of the patent then companies may consider giving royalties. In most nations, as per patent law, it is mandatory to compensate inventors for their contribution but not in all nations. 

patent Your ideas

Patent Filing Procedure 

Scope of Patentability is well defined under The Patents Act, 1970. A patent is granted after sufficient disclosure to the patent offices. Following are the steps defined in the Patents Act for patent filing. 

1. Checking the patentability of an invention. 

The patent registration process starts with an in-depth patentability search checking if an invention is original or not. 

2. Draft the patents application

If the invention is new and original, one can proceed with the application process. If an invention is still under testing process, patent law facilitates the grant of 12 months to file for a complete patent. Therefore, one can choose a provisional or complete patent application as per the stage of invention. 

Drafting a patent application is a very important step that must be completed as per different clauses. Use and outcome of the invention, intention to license, profiting from your invention etc. – submit all information in detail. 

3. Filing the patent application

Indian Patent Office requires the following forms while filing for a patent:

Application for the patent grant – Form 1.

Specification form – provisional or complete- depends on the invention stage – Form 2.

Undertaking for foreign applications under section 8 – Form 3.

Declaration for the complete invention application – Form 5.

If the patent application is for a start-up – Form 28.

4. Publishing the application

This is an automatic process of the Indian Patent Office. Moreover, after documentation, the patent application will publish in an official patent journal. Further, it takes 18 months. If an investor wants to publish the patent application before 18 months, he can submit Form 9. 

5. Examining the patent application

A patent application thoroughly examines to check the merits that claim and describe in the patent specification form. Moreover, the inventor has to submit the requesting Form 18 to start the process. To expedite this process, there is Form 18 (A). 

6. Granting of Patents 

Finally, the examiner grants the patent and publishes the patent in the official patent gazette. Further, but only if he does not find any objection in the patent application. 

Non-Patentable

Inventions covered under Sec. (3) of Patents Act, 1970, Sec. (1) of Sub-sec. 20 of the Atomic Energy Act, 1962 are not patentable. Central Govt. updates the list of patentable and non-patentable inventions from time to time.

For any legal assistance regarding Patents, you may contact the Vakilsearch team of proficient CAs, lawyers and professionals.

Thumb Rules:

  1. Do not disclose your invention before filing the patent application. 
  2. Additionally, keep a bound notebook. Further, it will help inventors to prove the idea is original and when they got the idea.
  3. Develop the idea and produce a model 
  4. Describe the requirement of the invention and what is unique about the invention.