A patent is the granting of a property right by a sovereign authority to an inventor. This grant provides the inventor exclusive rights to the patented process, design, or invention for a designated period in exchange for a comprehensive disclosure of the invention. They are a form of incorporeal right.
Government agencies typically handle and approve applications for patents.
The benefits start serving the inventor from the first step of patent registration means the time when he applies for the patent. As soon as the applicant files the Provisional Patent Application, he will get the security and surety that no one else could claim the same invention, exclusively within 12 months. If any other person or company files a similar Patent Application, the request will get rejected for the filing period.
The granted patent entitles the inventors to do anything with their ideas for the valid duration, which is 20 years in India. Within this period, no one can use, sell, or modify the original invention without the owner’s consent. Moreover, the inventor owns all the rights to sue the unauthorized user for using his ideas as such usage leads to patent infringement, which is a criminal offense.
If the owner feels that his invention is not offering the expected results, and wants to hand it over to any successful or deserving person, he can easily do so. The patent rights allow him to commercialize the invention while earning a good amount of returns on his investments.
The patent law permits the inventor to obtain a remarkable public impression and improve his portfolio by disclosing the invention in the public domain. It further aids him in building up his reputation in the market and a good relationship with competitors and consumers. All these factors will ultimately upsurge his profits.
Patent rights enable the inventor to go for public disclosure that not just builds his portfolio but also increases the company’s funds, business partners, and market value. Sharing information publicly regarding the invention will demonstrate the good command and specialization of the inventor over the technical subject-matter. It will benefit the owner by attracting high-end and leading investors, business partners, shareholders, and consumers.
Step 1: Writing down the invention (idea or concept) with as much details as possible
Collect all the information about the invention such as:
Area of invention
Description of the invention and what it does
How does the invention works
Advantages of the invention done
If inventor has worked on the invention during research and development phase, ideally, it should have lab record duly signed with date by the inventor and respective authority.
Step 2: Including drawings, diagrams or sketches explaining working of the invention done
The drawings and diagrams must be designed to explain the working of the invention in better way with visual illustrations. It plays an important role in patent application.
Step 3: checking whether the invention is patentable subject matter
As per the Indian Patent Act, every invention made is not subject to patent, there are a few exceptions to it. The patentability of the inventions should be checked prior to filing.
Step 4: Patentability search
The next step would be finding out whether the invention meets all patentability criteria as per Indian patent act.They are:
Step 5: Drafting a patent application
In case inventor is at a very early stage in the research and development for the invention, then one can go for provisional application. It gives following benefits:
Secures the filing date
A time period of 12 months to file complete specification
At low cost
After filing provisional application, securing the filing date is very crucial in patent world. Inventor gets 12 months of time to come up with the complete specification, up on 12 months patent will be abandoned. Once the required documents are collected and research work is completed, inventor can file complete specification with patent application.
Filing the provisional specification is an optional step and not a mandatory one. If the inventor is at the stage where complete information about invention is ready then they can directly go for complete specification.
Step 6: Publication of the application
After filing the complete specification along with patent application, the application shall publish after 18 months of first filing.
In case of an early publication, request can be made along with prescribed fees. Generally the patent application is published within a month of early publication request.
Step 7: Request for examination
The patent application is examined only after receiving request for examination that is request for evidence (RFE). After receiving examination request, the controller gives the application to a patent examiner who examinees the patent application with different patentability criteria like:
Patentable subject matter
The examiner then creates a first examination report of the patent application upon reviewing it for above terms. This is called patent prosecution. The first examination report submitted to controller by the examiner usually contains prior arts (existing documents before the date of filing) which are identical to the claimed invention and same is reported to patent applicant.
Step 8: Respond to objections
If in case any objection is raised in examination report, the inventor gets a fair chance to respond to the objections and prove the invention is patentable and satisfies the patentability criteria.
Step 9: Clearing of Objections
After the inventor clearing the objections made in the examination report, the patent is entitled to get all the objections cleared by the board.
Step 10: Grant of patent
The application shall be placed in order for grant, once it is found to be meeting all patentability requirements. The grant of patent is notified and announced in the patent journal which is published from time to time.