A patent gives an exclusive right to an applicant/inventor to make, use or sell his or her invention for a stipulated period of time (20 years). A Patent is an intellectual property right which allows the applicant/inventor to disclose his/her work without the fear of any misuse of his/her invention. A patent can be grantee for any process or product. Getting your ideas and products patentable is essential in order to avoid any damages occurring due to misuse of the invention.
The basic requirements for any invention or product to become eligible for a patent as per the Indian Patents Act are:
Novelty:
Any invention to be patent must be new and unique. It shall not have been disclose before. It is very important to ensure that the invention to be patent is not know to the public in any form before the date of filing the patent application.
Inventiveness and Non-obviousness:
The invention to be patent shall not be obvious to a person working in the field of the invention. A mere combination of existing products cannot be termed as an invention.
Industrial application:
Apart from invention to be new non-obvious, it must also be useful i.e. capable of having an industrial application. The invention should be able add some value to the human life.
Indian Patents Act, 1970, specifically prohibits certain inventions from patentability. List below the few points are mention-
- An invention which breaches ethics or morals of the public at large. An invention that has adverse effect or human life, plants, animals, or environment cannot be patented.
- A patent cannot be find in the environment of any living or non-living element of discovery.
- Discovery of any new feature or use of already existing creation cannot be patented. Formation of new product is essential to become eligible for a patent.
- Mere arrangement or re-arrangement of any existing products or methods or devices cannot be patented.
- Any process or procedure of treating animals falling under medical, surgical or curative shall not be patented.
How to file a patent in India?
The Indian Patents Act suggests that either the inventor himself or through his legal representative or assignee can file an application for patent. , It is recommended that all all necessary steps related to transformation of an idea into invention, including conducting patentability search, to identify overlaps with existing products, literature or even patents, etc. have been taken before filing application for patent. Following are the steps for Patent registration in Delhi, India.
Patent Search:
As mentioned above, carry out a detailed patentability search to ensure that your idea or product or invention is new and unique. You can prepare a patentability search report as well based on your extensive search. This search can be done online or you can take help of best patent lawyers in India for time saving and better results.
Drafting a patent application:
Once you are confirmed that your invention is patentable, proceed towards next step, i.e. drafting a patent application. This is a very important step in getting a patent for your invention. It requires both legal understanding of the Indian Patents Act and technical knowledge about your invention. Therefore, it is better to seek help of expert patent lawyers India for drafting the application. You have to provide complete information regarding your invention for drafting a complete specification.
Filing a patent application:
For patent filing in India, one of the important points to consider is to file all requisite forms along with the prescribed fees.
Publication of filed Patent application:
The Indian Patent Office will publish the patent application in the Patent Journal. After the expiry of 18 months, it is cpmplete by filing the application., if no objections have been raised. If you want to get it publish earlier, then you need to file a specific request for the same.
Patent Examination:
A final step before granting a patent to the inventor is the examination of the application by the Patent Office to ensure that everything is as per the Act and Rules. At this stage, Patent Examiner will conduct a search considering all aspects of the invention and a comprehensive report, namely Examination Report including objections, is issue to the Applicant. The Applicant is require to submit a response to the objections raise there in within a stipulate period of time.
Grant of Patent:
Once all the objections raised by the Patent Examiner are resolved and all the patentability requirements are fulfilled, the Patent Office will grant the patent and publish in the Patent Journal.
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