In this blog, we have discussed what a patent is and why it is necessary to have one if a person coins a unique idea. Read to know more
Steps to Patent an Idea
A patent is defined as the legal ownership right of an idea or invention delivered to a person once he publicly discloses the theory supporting his claim. A permanent patent declares a person pioneer of an idea so that no one can, later on, steal that unique concept. In science, patenting plays a crucial part as the interests of an inventor should be safeguarded to honor his efforts. Patents are meant to protect new designs or theories that have been formulated to fulfil a purpose. Patents are typically protected for 20 years. The applicant needs to provide sufficient proof with all the written documents which support his innovation to the patent granting office that scrutinizes the data and grants patents.
There are also associated fees for this service. If the application gets rejected, this fee is not refunded. The most important reason for getting a patent is it restricts the market competitors or competitive scholars from extracting ideas from one’s unique findings.
This patent also authorizes the owner of the idea to sell his information in exchange for money that he can further invest in other business forms. Thus in many ways, patents prove to be helpful.
Suppose a guilty party is found who tried to violate the policies by stealing the ideas of a person who has previously patented them. In that case, the accused candidate can be sued, and the jurisdiction decides the fine amount. However, unfortunately, this penalty sums up to a small fraction of the actual amount charged from the case filer.
Importance of Patenting an Idea
A patent is a legal document that grants the inventor of a new invention the exclusive right to make, use, sell, and distribute that invention for a period of time. Patents can be a valuable asset for businesses, as they can help to protect their competitive advantage and prevent others from copying their products or services.
There are several reasons why you might want to patent an idea –
- Firstly, a patent can help you to protect your intellectual property. If someone else copies your invention, you can sue them for patent infringement.
- Secondly, a patent can give you a competitive advantage. If you are the only one who can legally make, use, sell, or distribute your invention, you will have an edge over your competitors.
- Thirdly, a patent can help you to raise capital. If you are looking to attract investors, a patent can show them that your invention is valuable and that you are serious about protecting it.
Step-by-Step Guide to Patent an Idea
Here are the basic steps to patent an idea –
Step 1: Idea Evaluation
The first step is to evaluate whether your idea is eligible for patent protection. There are a number of factors that determine whether an idea is patentable, including its novelty, non-obviousness, and usefulness.
Step 2: Prior Art Search
Once you have determined that your idea is eligible for patent protection, you need to conduct a prior art search. This will help you to identify any existing patents that may be related to your invention.
Step 3: Consultation with a Patent Attorney
It is a good idea to consult with a patent attorney before you file a patent application. A patent attorney can help you to assess the patentability of your idea and prepare the patent application.
Step 4: Preparing the Patent Application
The patent application is the document that you will file with the patent office. It must include a description of your invention, drawings, and claims.
Step 5: Filing the Patent Application
Once you have prepared the patent application, you need to file it with the patent office. The patent office will then review your application and determine whether it is granted a patent.
Step 6: Patent Examination and Prosecution
If your patent application is granted, it will then go through a process of examination and prosecution. This is where the patent office will review your application to ensure that it meets all of the requirements for patentability.
Step 7: Patent Grant and Maintenance
If your patent application is successful, you will be granted a patent. Remember that you then need to pay maintenance fees to keep your patent in force.
Verify Whether the Idea Is Eligible or Not
The idea has to be brand new and should never be referred to anywhere across the world earlier. Even if there have been researching works and theories based on the same field that should not be previously a subject of a patent application, otherwise the approval process will cease at the starting point. Make sure to do a complete Indian patent search before registering.
Two already existing concepts cannot be amalgamated to form a new idea; if the proprietary nature is nonexistent, the application will be declared void. The idea must be solid, and the abstract nature should be absent to the maximum level possible otherwise, there is no chance of getting granted. There must be a practical application of the idea of the designed product. Lastly, the idea should be clearly defined, for example, if a company has applied for a patent for its soft drinks, then the manufacturing process and ingredients have to be mentioned in detail; otherwise, the process will stop.
Also, the applicant must make sure what patent type he is longing for. Utility patents protect a unique invention or product or specific composition of substances. Design patents differ as they certify a design is unique and has never been imitated before. Also, there are patents in the biological field; these are called plant patents, where scientists claim to invent a new species that has been asexually reproduced, unlike the natural course of birth from seeds. We have to make sure the Patent Filing Process is done Smoothly.
Procure a Detailed Record After Submission
The inventor must keep a copy of the submitted information to himself. This information is not only expressed in written format but also includes explanatory diagrams, formulas, and scientific references. (fabulouseyebrowthreading.com) The pages must be duly signed at the time of submission and the application date.
Witnesses, if kept, must be trusted. Non-disclosure agreements restrict a person from disclosing his ideas. The inventor can use this for his benefit.
Prepare a Prototype
A prototype is a practical, real-life execution of the idea that needs to be present before one applies for a patent. It must be a tangible component.
Also, designing a prototype clarifies doubt regarding the possible flaws of a concept. This helps the investor in the long run. Imagery representation is the preliminary stage involved in formulating a prototype. High-level skills are required to achieve this in real.
Thus, it is recommended to hire the services of an artist who will be conveyed only the necessary information related to the diagram.
First Look for the Provisional Patent
Provisional patent involves a lower risk of losing money. It is perfect for the inventors who are still unsure about Effective Steps to Patent an Idea as a unique innovation. Provisional patents provide security for only one year. A summary of the creation needs to be disclosed for this patent along with an appropriate title.
- Hiring an attorney: Lawyers are helpful in protecting the interest as they hold expertise in this field. Lawyers can simplify the patent filing process through considerable discussion. Also, their charges are reasonable and mitigate the risk of money loss involved if the application gets cancelled.
- Filing the final document: It is the last step of the patent application journey. It can be done both offline and online. It is usually done with the help of a patent attorney.
Conclusion
After the patent application is completed, the inventor has nothing to do but wait. Also, the approval stage can sometimes extend up to 2 years. Therefore patience is the key. In India, a person is charged somewhere around ₹25,000 to ₹35,000 to issue a patent approval request. That could be a massive sum of money for many individuals. Therefore, the surety must be there, or one can apply for a provisional patent. Attorneys are hired to ease the process.
FAQ:
What is the purpose of patenting?
The purpose of patenting is to protect your intellectual property and prevent others from copying your invention. A patent can also give you a competitive advantage and help you to raise capital.
How do you verify if an idea is eligible for patent?
There are a number of factors that determine whether an idea is eligible for patent protection. These factors include the novelty, non-obviousness, and usefulness of the invention. You can consult with a patent attorney to assess the patentability of your idea.
How do I know if my idea is patented in India?
You can check the Indian Patent Office website to see if your idea is patented in India. You can also search the patent database to see if there are any existing patents that are similar to your invention.
Can I patent an idea without a prototype in India?
Yes, you can patent an idea without a prototype in India. However, it is important to have a clear and detailed description of your invention in the patent application.
How much does it cost to patent an idea in India?
The cost of patenting an idea in India varies depending on the complexity of the invention. However, the basic cost all-inclusive of filing a simple patent application in India is around INR 15,000.
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