Patent law is complicated, and the process of filing a patent can be fraught with mistakes. This article explains how to choose the right patent type and the method of avoiding patent filing mistakes.
When looking to patent an invention, you might think that the first step is to figure out what type of patent you need. But in reality, the first step is to figure out your goals for this patent—and whether or not you even need a patent. Patents Cover inventions and new discoveries that are new and non-obvious. The four main types of patents are utility, design, plant, and provisional applications. Each patent type has its own eligibility conditions and protects a specific type of invention or discovery.
There are 4 patent types they are utility, design, plant, and provisional applications. Each one serves a different purpose and has its requirements for filing. Choosing the right one for your invention can be the difference between getting a patent quickly and getting nothing.
In this guide, we’ll walk you through each type of patent so that you can decide which one is best for your invention and what are the best steps for avoiding patent filing mistakes.
What Are the Different Patents typesin India? How to Choose the Right One?
Patents are an essential part of protecting your business. If you’ve ever seen the term “patent pending,” you can use a particular product or service without fear of being sued by someone who claims to have invented it first.
Patents are one way to protect your intellectual property in India. Still, there are a few different types of patents, and they all have other uses and separate sections for avoiding patent filing mistakes. In this section, we’ll discuss these types of patents and how they can help you protect your business.
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Utility Patent
A utility patent type is a form of intellectual property protection for inventions that provides a 20-year monopoly on the use of an invention to its owner. A utility patent is the most appropriate way to protect your invention if it can be described as a device or a machine that is new, useful, and inventive. The patent filing process requires rigorous research and planning, and it must be done before any disclosures are made.
Furthermore, ensure that someone else doesn’t copy your product/service name. Make sure that no one else has already patented it or applied for a trademark. This is an essential step for avoiding patent filing mistakes because even though you may have invented something first and applied for a patent on it later if someone else has already copyrighted or trademarked your product name, there’s nothing you can do about it. Your application will be rejected as soon as it goes through a due diligence review process by the Patent Office Of India.
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Design Patent
A design patent type is a kind of intellectual property right that protects the visual appearance of an object. It’s not necessary to include any functional elements or technology for something to qualify as a design patent. For example, a designer may create an original shoe design protected by a patent without including unique features such as shock absorption or waterproofing.
If you want to file a design patent in India and want to do it while avoiding patent filing mistakes, you need to know what kind of design you have so that you can choose the right type of protection for your idea or product. If your product is uniquely designed and has new features, then you can go for design patent protection. But suppose your product is not unique or has already been made. In that case, it is better to go for utility model registration instead because it will be much cheaper than filing for a design patent in India.
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Plant Patent
Plant patents are a type of intellectual property that protects the right to reproduce and sell a plant. Plant patents are different from utility patents, which are used to protect inventions. In other words, you cannot file for a plant patent if you have already filed for a utility patent.
There are three different plant patent type:
- Utility patent for plants and seeds
- Design patent for ornamental designs of plants and flowers
- Plant variety protection certificate
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Provisional Application
Patent Application India – A provisional application is a legal document you can use to claim your invention. It’s a way to protect your intellectual property rights, but it doesn’t result in a patent.
A provisional application differs from a regular patent application because it does not require formal drawings or detailed descriptions of the invention—just an abstract and some basic information about how your idea works. This makes it easier to file early without having all the details nailed down.
The main benefits of filing a provisional application are that it starts the clock on your patent rights, lets you publish details about your idea, and gives you time to gather more information before filing an official patent application.
However, there are drawbacks: if you don’t eventually file an official patent application within one year of filing your provisional one, then your provisional application will be invalidated. This is one of the most common factors to consider while avoiding patent type filing mistakes! Anyone could use your idea or product without paying royalties or licensing fees.
How to choose a Patent Type and Avoiding Common Mistakes
The first step for avoiding patent filing mistakes and choosing a patent type is to determine what your invention is. Is it a product? A process? A machine? An article of manufacture?
Once you have narrowed down your options, it’s time to consider which type(s) of patents will best protect your intellectual property (IP). There are four basic types: utility patents (also called “utility inventions”), design patents (also called “design drawings”), plant patents, and provisional applications.
Also, please don’t assume your invention is patentable because it’s new and unique. Even if it hasn’t been invented before, that doesn’t necessarily mean it’s patentable and is a relevant factor for avoiding patent filing mistakes. The Patent Act requires that inventions be novel (novelty), non-obvious (non-obviousness), and valuable (utility). If these requirements aren’t met, your invention won’t be eligible for a patent.
Furthermore:
- Don’t Forget to File a Provisional Application
- Don’t Forget to File a Non-Provisional Application
- Don’t Forget to File a Utility Patent Application
- Don’t Forget to File an International Patent Application
- Don’t Forget About the Proper Number of Claims
- Make Sure You Have Enough Information in Your Description and Specification Sections
Summing It Up
Choosing the best patent type for your company is not an easy task. That’s why it’s crucial to have a solid legal team at your side to help you make the best decision for your business. Vakilsearch can help you find talented lawyers who can help you choose the right patent type and avoid common mistakes. Let us know if you want to learn more about our services!
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