You can’t patent an idea in India. But what you can do is get the invention process started and apply for a provisional patent while the work is still in progress.
Imagine that you get a breakthrough idea about an application. So, you try and build the application. Your idea is now an actual invention, and it works! But, with all the excitement of this invention comes some fear of the idea being copied. One can file a patent for their ideas to get ownership of this invention and protect it from being copied. Let us walk you through the process of filing a patent.
What Is a Patent?
A patent is a form of protection of intellectual property. The government grants the patent rights for a time of 20 years. However, not all ideas get patented. If the idea holds the potential to transform into an invention, a provisional application for a patent can be made.
A patent is a legal grant by the government providing exclusive rights to the owner to use their inventions and creations. The basic idea behind it is an encouragement to safeguard one’s ideas and inventions.
Requirements to Obtain a Patent
Before you begin the process of patent registration, you must know the criteria to obtain the patent idea. The ideas need not just involve a new process, but the work should also be unique. To fulfil the eligibility, the following criteria must be fulfilled:
Novelty
The invention should be unique to obtain patent rights and complete the process of patent registration seamlessly. The work should be different from the already existing ones.
Non-Obviousness
The idea should stand out from the others. It should be something that one can’t easily predict. As per the Patent Act 1970, there must be an inventive step to complete the patent application process.
Industrial Applications
The idea or invention must have practical applications in some form or the other. They must provide practical utility and should be clear. Moreover, it must serve industrial applications and purposes.
Process of Patent Registration in India
Assemble the concept and ideas
Brief down the idea and invention with a detailed description. Collect the information about your ideas, which should be inclusive of the following:
- The area/industry of invention
- Description and purpose of the invention, along with its working
- Pros and cons of the invention and industrial applicability
- check here to learn more about: https://ipindia.gov.in/form-and-fees.htm
If you have worked priorly towards this, you would have the work details during the research and development times. This plays a key role in the process of patent registration.
Make Visual Illustrations
In the case of a working model, provide the drawings and designs of the invention in the patent application. This provides a clear picture for a better understanding of the invention.
Check Invention Falls Under the Patentable Category
Not all inventions can be patented. As per the Indian Patent Act, there are several categories under which inventions cannot be patented.
Patentability Criteria
As per the criteria mentioned above for a patent, check whether the invention fits into all the categories. These include:
- Novelty
- Non-obviousness
- Industrial applications
One must conduct research and form a patentability report during the patent search process. Following this, one can decide whether they should go forward with the patent registration process. The appropriate patentability report saves ample effort and time during the patent application.
Writing the Application for Patent
During the patent application process, one can either go for a provisional application or complete specification. When the invention is complete, you can opt for the complete Patent and if your invention is a work in progress that can be completed in 12 months, opt for a provisional application.
Application Publication
18 months after completing the patent filing, the application is finally published. In case one wants to publish the application earlier, one can do so by making special requests.
Examination Request
Once the controller receives the patent application, it is then approved. This is among the last and most important steps of the process of a patent. The examiners consider several criteria and review the application carefully.
Responding and Clearing all Objections
Depending on the patentability report and examinations, the objections will raise and clear. This allows the inventor to clarify the invention and complete the patent process.
Patent Granting
The last and most essential step is granting of the Patent. Once all the patent requirements are met, the application is approved, and the Patent is granted. Following this, the patent grant is published in the patent journal.
Conclusion:
To summarise, patents are a great way to hold intellectual property. Many people end up regretting when their ideas get copied. So, if you have an idea, ensure that you protect it well. We can help with all the processes. Contact us today at Vakilsearch.
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