You must keep a few things in mind to get a unique patent. If you want more information on what you must keep in mind before applying for a patent, then read this blog.
What is a Patent?
A patent is a legal document that is given by the state or national government, depending on the national standards. It grants an innovator the exclusive right to manufacture, use, and sell his or her product for a set length of time.
How to file for a patent can be easy if you get good directions. Have you finally decided that you want to patent your invention? Are you ready to submit a patent application? Are you ready to become a patent holder?
If yes is the answer to all these questions, we have got a complete guide on how you can do it. All the things you might be searching for about filing a patent are here. We would be more than happy to share all the details about how you can draft an application and can get your patent published. Along with this, we will share four major things you should remember when filing for a patent.
How To Draft An Application For A Patent
If you are planning to file a patent, these are the steps you should follow.
- After you are done with your research and development and you have now finalised what you are going to patent, you first must prepare an application for your patent. You can do this by using Form 1. Form 1 is provided by the Indian government to all those who want to file a patent.
- A patent specification must accompany every patent owner file application. When you are doing this, you have to fill out Form 2. Form 2 is used to provide complete details about whether your patent is completed or it is partially completed. Suppose you’re providing a provisional application for your patent. In that case, you are given a time period of one year to complete your invention and then file the corporate application to get the patent registered in your name.
- Along with Form 1 and Form 2, you have to file a patent filing. You have to submit it with your application. This is an essential document used by the patent office to decide whether your invention is granted a patent or not. These are the steps you have to follow while filing for a patent.
How And When Is A Patent Application Published
- A patent application filed by the patent owner with the Indian patent office is directly published in Patents Journal. This is generally done after 18-20 months of applying for the patent.
- Filing and then getting the patent published is a long journey. But if you can’t wait for 18 months and want to get the patent published earlier, you must apply for a special application using Form 9.
- One more thing that you should know is that if there is any restriction imposed under the Indian Patent Act regarding publishing a particular patent, it won’t get published in the journal.
4 Things You Should Do Before You Apply for a Patent
You Should Always File for a Patent by Taking Advice From an Attorney
As you all know, a patent is a right granted to an individual or corporate by the government. It allows that individual or corporate to protect its invention so that no other person can use, sell or make it for a particular time.
Filing for a patent is a crucial process, so you should always file for a patent under the guidance of an attorney, as an attorney is the best person that can stop you from making mistakes that people generally make while filing for a patent.
Always Keep a Check on All the Payments You Make While Applying for a Patent
All the fees that the patent owner(individual or corporate) has to pay with respect to the patent are mentioned in the First Schedule. If you want to file a patent application physically, you must pay an additional 10% fee for that case. You can pay the costs for the patent application using cash, bank draft, or any electronic means.
All the payments you will make must be made in the name of the Controller of Patents. If you want to transfer your application from a natural person to any other person, then the difference between the fee has to be paid by the new application and the transfer request.
Do Not Share the Details About Your Patent With Anyone Except the Attorney
This is the essential thing that you should always remember before filing for a patent. Never share even a single detail about your invention with anyone. Everyone in the market is always ready to cheat you. Always keep your creation a secret until your patent is published in the patent journal. In this way, you can save yourself and your invention safe from cheaters, fraudsters, and scammers.
Do you aware of the Must read Topic: Emerging Issues Related to Patents
Stay Away From All the Misconceptions.
Many misconceptions about filing for a patent are spread in the market. It would be best if you always stayed away from such misunderstandings. The most common misconception is that the patent doesn’t give the owner the right to produce, sell, or practice the invention.
It only saves the owner when someone else is trying to sell or deliver the same vision. This is not the condition, and this misconception should vanish as early as possible. You can take all the advice from your patent attorney, and you will surely get good guidance from them.
Now, if you are a student who wants to file for a patent, then there are a few things you should remember. Filing for a patent does not make you famous or rich; it is entirely worthless if you are not making a commercial profit from your patent. It would be best if you also avoided fraudsters who say they can help you file for a patent. Always take help from your parents and an attorney for filing for a patent.
Conclusion
You should never forget these four main things while applying for a patent. If you think you still may make these mistakes, you can contact VakilSearch. In the process of filing for a patent, you can forget about these four points, but Vakilsearch can never do so. Therefore, if you need to file for a patent, contact Vakilsearch. We are sure we will do it better than anyone.
Also, Read:
