Patent Registration in India
The term "patent" remains highly sought after in the business and research and development communities, with many individuals searching the internet for information and guidance on the subject. You may have also been influenced by news related to patent filing and the desire to obtain intellectual property rights for your own inventions. As such, you are seeking out information on this topic.
Steps for Getting a Patent in India?
This query may arise in the mind of a:
- Business owner: Having a patentable concept or product
- Research Scientist: With a novel idea or a patentable formula
- Professional/ Employee: With a novel software concept or commercial strategy
- ME or PhD holder: With a research project
- Student: With a wish to discover more about patents and how they can safeguard their creative concepts
What is a Patent?
A patent is a special entitlement given to an inventor that grants them exclusive rights to their invention. The invention can either be a product or a process that presents a novel approach to solving a problem or performing a task. In order to obtain a patent, the inventor must disclose technical information about the invention in a patent application that is made available to the public.
How to Decide if an Idea is Patentable?
For an idea to be eligible for a patent, it must meet specific criteria that have been established, such as being a new process, machine, or combination and composition of different materials. In addition, the invention must also be non-obvious and unique for a patent to be granted. The following are key requirements that must be satisfied for an invention to qualify for a patent.
Novelty
In order for an invention to be eligible for a patent, it must be both novel and unique. This means that it cannot have been previously made, published, or described in any previous patent applications or non-patent literature. It is crucial that the invention be distinct from any existing creations and not have been previously developed by anyone. The necessity for the invention to be new, unique, and not publicly available is outlined in Sections 2(1)(j) and 2(1)(l) of the Patent Act of 1970.
Non-obviousness
The concept of non-obviousness is crucial when determining whether an invention can be patented. It cannot be something that would be easily predictable to someone with expertise in the relevant field. Simply combining two existing products or ideas, such as a pencil and an eraser, does not qualify for patent protection unless there is a unique aspect to the combination that makes it an innovative invention. Section 2(1)(ja) of the Patent Act of 1970 mandates the presence of an "inventive step" in order for an invention to be eligible for a patent.
Industrial Applicability
Section 2(1)(ac) of the Patent Act 1970 outlines the concept of industrial applicability, which requires that an invention must have practical utility in industries to qualify for a patent. The invention must not be vague or abstract in nature, but rather, it must serve a useful purpose and have practical application in an industrial setting.
Applying for a Patent in India?
The Patents Act 1970 is the primary authority in India responsible for managing and overseeing the filing and regulation of existing and new patents. According to this Act, an inventor, their assignee, or one of their legal representatives (in the event the inventor has passed away) can apply for patent filing at the head office of the Indian Patent Registration Office or one of its branches, depending on the applicant's jurisdiction. If the applicant is not an Indian citizen, they must submit their application in the jurisdiction where the address for their service is located.
Cost of Getting a Patent in India?
Typically, the cost of obtaining a patent in India can begin at approximately 40,000 to 50,000 rupees. This amount encompasses various processes such as conducting an in-depth patentability search, drafting and filing a patent application, requesting an examination, and addressing any objections (if applicable).
How Patent Professionals Can Help?
As the number of inventions continues to grow, inventors are gaining greater expertise and recognition in their respective fields. The fundamental goal is to revolutionize their field of expertise with their inventions. In order to fully benefit from their innovative creations and gain maximum profits, it is essential for inventors to secure a complete monopoly through patents. Every inventor aspires to obtain a patent for their invention to recover their investment costs. However, if an inventor lacks legal expertise, they may make mistakes while drafting their patent application. Without professional assistance from patent filing services, such errors during the prosecution phase can be quite costly for the patent application.
While having knowledge about the invention is important, it does not necessarily mean that the applicant is well-versed in legal complexities. Without proper training and experience, it can be challenging for the inventor to draft a comprehensive patent specification or handle the prosecution process. Thus, it is crucial for the inventor to seek the assistance of an expert in drafting a patent application. Intellectual property attorneys, including patent engineers, agents, and attorneys, can help prevent costly mistakes for the applicant. These professionals work together to provide the best possible outcome for the inventor.