Why Is a Patent Necessary? Reasons You Should File a Patent in India.

Protect the business operations of the corporation. If you don't patent your innovation, someone will replicate your idea and sell it on the market. Reasons to file a patent in India.

A patent is a property right granted by a government to an inventor. In exchange for a thorough disclosure of the idea, this grant gives the inventor temporary exclusivity over the patented method, design, or creation. They represent a kind of intangible right. Patent protection is not automatically granted, in contrast to copyright. It is necessary to formally file a patent in India, and it is crucial that the innovation not be made public beforehand.

There are usually two types of patents used by entrepreneurs worldwide- Design and Utility Patent.

  • Design Patent

A design patent protects an ornamental design or your invention’s outward appearance. Compared to other categories of patents, it is typically less expensive, easier to submit, and more readily accepted by the PTO. It has a 14-year term.

  • Utility Patent 

A utility patent is typically more expensive to obtain, necessitates the involvement of an attorney more, and is more challenging to have the PTO issue. But because patenting a method or function offers more robust comprehensive protection, it offers better protection than a design patent. A person attempting to create a product similar to your patented one must avoid all of your patent’s claims. The utility patent has a 20-year lifespan. 

Why You Need a Patent for Your Invention

For many businesses, patent protection may be a crucial technology investment and a useful commercial tool. Every organization may have a significant technology or invention worth safeguarding because it could be a crucial and priceless asset. For a firm to succeed, it can be crucial and essential to understand what patent rights can offer, making it necessary to file a patent in India.

How to Apply for a Patent 

Nearly all operations are possible, including promoting your innovation, creating and commercially selling your invention, or forming partnerships. You can move forward with filing a comprehensive patent application if you have ready all the necessary information regarding your invention (that is, implementable information). So, let’s see what all steps are necessary to file a patent in India.

  • As many specifics as possible about the invention (idea or concept) should be recorded.
  • Determining the novelty of your idea (Novelty Search/Patentability search)
  • Patent drafting and patent application writing
  • The patent application’s submission
  • The application’s publication
  • Demanding examination
  • Address objections

A good original concept can become a property (intellectual property like a patent) by being developed into an invention, protected by a patent, and then commercialized to generate revenue.

A good concept is a good place to start, but there are stages and activities to determine whether it can lead to an invention that can be patented and whether it has the market potential to be successful.

5 reasons why you should file a patent in India 

There could be several benefits you can get through your patent rights depending on their demand and availability in the market. Here are some of the reasons for you to look upon.

  • Getting Exclusive Rights

A patent gives its owner the only authority to stop anyone from using their original concept or the goodwill they have built up for their goods and services by using, importing, or offering for sale the patented innovation. The right to exclude others from using the innovation covered by filing a patent in India without the owner’s consent or approval and to stop rivals from enjoying the same rights is granted to the owner. For the duration of the innovation’s protection and inside the nation where the patent is granted, the patent holder may select who is permitted to use the patented invention and who is not.

  •  Boost Revenue 

The owner of a patent has the opportunity to make money from the invention’s commercial exploitation. Patent holders can increase their market dominance and profit from the invention because they have the sole right to create, import, sell, and use the invention. A patent can help an innovation be sold at a higher price by providing buyers with a new method of accomplishing something or something novel and distinctive. Since the rivals aren’t allowed to provide a similar product, returns and sales would normally increase. Thus, it is necessary to file a patent in India or any other country you want to protect your innovation. 

  • Additional Licensing Revenue Stream

By granting the right to use or manufacture the patented ideas in exchange for royalties or other compensation, patent owners can file a patent in India. The patent holder will continue to be the licensee in such a licensing. Throughout the contract, royalties will be paid at a predetermined rate by the licensee. A proportion of sales from the goods and processes covered by the patent under license may be used as the royalty or license fee. This payment may be made once or on an ongoing basis. The patent owners may receive a steady stream of income in the future as a result. 

  • Boost valuation

By allowing the patent holder to regulate access to the technology in the market, patent protection may help to develop and maintain the entry barriers to competition that may raise the commercial worth of the product or increase the technology’s market value. In investment talks, patent protection can also raise and improve a company’s value. Additionally, patents invariably increase the company’s value when the owner sells them.

  •  Acquire Money

Additionally, equity investors, venture capitalists, and government grants can provide money for patents. These donors are becoming more aware of their rights under patents and comprehending the importance of patents. Before funding, they might want to be confident that the invention is legally shielded by a patent that has been awarded and that a well-drafted patent suitably safeguards their investments.

Summing it Up

As mentioned above, to apply for a patent, you can get many other advantages, such as attracting investments, getting exposure to a new market, transfer of new technology, getting a competitive advantage, and new technology access through cross-licensing many more. Thus, you must file a patent in India once your innovation has been approved to safeguard its interests. 

If you are looking to file a patent in India or are looking for any other legal assistance, contact Vakil Search right away. 

Read more:

  1. How Can a Patent Be Filed in India?
  2. What Steps Must I Take to File a Patent in India?
  3. How Do I File a Patent Online?

Back to top button


Remove Adblocker Extension