What Is PATENT?
Patent It is a set of exclusive rights granted by an intergovernmental organization to an inventor or assign for a period of time. It provides an enforceable legal right to prevent others from exploiting an invention.
Right Conferred by Registration
The invention cannot be commercially made, used, distributed or sold without the patents’ consent. Its rights can usually be enforced in a court of law.
Who can apply for it?
Business Owner : With an idea or product .
Research Scientist : With a new concept or formula .
Professional (Employee) : With new for software or business method.
ME or PhD Holder : With research project.
Student : With intent to learn more about patents and how they can protect your ideas
The word “patent” continues to the most sought-after word in business, research and development community that is being searched over internet for more information and guidance .Possibly, you are influence by reading about it related news and the idea of owing intellectual property right for invention.
Procedure of patent registration in India
- How to write your invention content
You have to keep the collection of your invention which specifies your invention properly, in simple words, specification is a description of your invention. Depending upon sufficiency of the description a specification may be either provisional or complete specification. You can include these points in description such as:
- Area of invention
- Description of invention what it does
- How does it works
- Advantage of the invention
Provisional and complete specification
A provision specification is often the first application filed in respect of an invention, and usually contains only a brief description of the invention. It need not contain claim. Compared to provisional, complete specification contain full description of invention, it comprises background of invention, title, field of invention, drawbacks, advantaged, summary of invention, description of figures, claims, abstracts.
Complete specification must be filled with in the 12 months from the date of filling of the provisional specification.
Step2: Including diagram or sketches explaining invention
It will play an important role in patent application .Because diagram makes your content easy to understand.
Step3: Check your subject matter whether it patent-able
Step4: Write patent application
In case you are at very early stage in the research and development for your invention, then you can go for professional application. It gives following benefits:
- Secure filing date
- 12 months of time to file complete specification
Step5: Filling, publication and RFE
The procedure for the grant of patent starts with filling of its application along with the prescribed fees at the patent followed by request for examination (RFE) in the prescribed format, after the publication of application. Upon receiving this request the controller gives your patent application to a patent examiner who examines the application with different patent ability criteria.
Step6: Respond to objection
Application may be abandoned in the order to meet the objections. If the application does not comply with objection, the objection will be abandoned. After complying off the requirements the application is published in Official Journal Patent will be granted if the application of found to be in order. For this, best thing to do is analyzed the examination report with its professional and create a response to the objections raised in the examination report.
Step7: clearing all the objections
The communication between the controller and patent application to ensure that all objections raised in the patent application are resolved. After that, inventors has fair chance to prove his point and established novelty and inventive step over existing prior art.
After the application would be places in order for grant once it is found to be meeting all its ability requirements. The grant of patent is notified in its journal which is published time to time. The whole process takes at least 2 years.
- Duration : The tenure for patent is 20 years from the date if filing of the application for it before the patent office. It is the responsibility of the patentee to maintain as issued patent by paying the annuities until it expires. After 20 years the term the invention claimed in it falls into the public domain.
- You can rent it.
- You can sell it.
- You can stop other from using it without your permission.
- You can use it for your purpose.
Indian Patent Office
There are 4 Indian office at location:
Chennai, Mumbai, Delhi and Kolkata. Based on the address of applicant, he can file application for it in appropriate patent office for his region.