A patent is a legal document that gives the right or authority over a particular field of research, invention, or any other process to a person applying for it.
A patent attorney will do a thorough search of the patent database.
The lawyers will assess inventiveness through comparisons with similar inventions.
The attorney will then inform you of whether or not you should make the application.
A patent grants the owner the right to restrict others from creating, using, importing, or selling his or her invention without permission. Before such a right is granted, a thorough examination is performed to see whether the procedure or product is original, novel (and has not previously been predicted in any published document), and industrially applicable (possesses utility). It involves searching the database of India's intellectual property authority to see if there is an object or invention that is the same as or comparable to the applicant's creation.
Every year, patent authorities get thousands of patent applications. Not all applications are approved by the authorities. The reason for this is that there are other similar inventions/applications or methods involved in the invention that are not innovative.
For example, pharmaceutical companies in India file for patents every year when their research and development teams invent a product or mostly, the ‘steps’ to formulate or derive a particular active ingredient (drug). Often, these drugs are not innovative and the innovation is not registered. Thus, instead of wasting time on the patent process, it is best to find out through patent search if there are any similar inventions/applications already patented.
Publication In A Recognised Journal
You would need to send in all the details regarding the patent search, including uses of the invention, benefits over existing products or processes and its publication in a recognised journal, if any.
Your Vakilsearch legal specialist will take your request and search the database thoroughly. The time required to do this search would be determined by the extent of the innovation, the industries to which it is applicable, and the number of similar current products/processes. Once the patent search reveals that your product or procedure is novel, we will commence the application filing process.
The section of a patent that provides a brief summary of the invention described in a patent.
A document submitted to the patent office of a country to describe an invention for which a patent is sought.
A statement that defines the invention protected by a patent.
A generic description encompassing patents, trademarks, copyrights, and other available forms of protection for the products of mental work.
Licence (of patent)
An agreement, usually in writing, in which the owner of a patent grants to another party the right to practice the patented invention without giving up ownership of the patent. A licence may be granted to the party on an exclusive or nonexclusive basis.
A basic requirement for a claimed invention to be patentable.
Priority (claim to priority)
The claim in a patent application to the benefit of the filing date of an earlier filed patent application for the same invention.
Rejection (of claim)
A statement by an examiner that a claim in a patent application is not patentable for a reason specified by the examiner.
The portion of a patent application that describes in writing the invention, including the background of the invention.