Patent

If you have an invention and you don’t want to take risk of someone claiming it before you, it is necessary to obtain patent.

So what exactly is patent anyway? A patent is an exclusive right granted by a sovereign state to an inventor or assignee for a limited period of time in exchange for detailed public disclosure of an invention.  

It is a product or a process that provides, a new way of doing something, or offers a technical solution to a problem. Patents are a form of intellectual property.

It is also a right granted to anyone who invents any new, useful or non – obvious process.

Patent application in India is governed by the Patent Act, 1970 and the Patent Rules, 2003.

Inventions Patentable:

  • Art
  • Novel
  • Inventive step
  • Industrial application
  • Computer software which has technical application

Factors to be considered before applying for Patent:

Patent Research

Make sure your idea isn’t infringing someone else’s patent.

Market Research

Define your market and determine how large it is.

Cost to Manufacture

Determine how much it will cost to manufacture.

Documents required for filing a Patent application in India:

  • Declaration as to inventorship
  • Statement and undertaking
  • Proof of right to make an application
  • Authorization of an agent

Renewal:

In India, a patent needs to be renewed every year.

Term of Patent:

The term of patent is 20 years from the date of filing of the patent application or its priority date.

Patent Rights:

The act provides for a patent protection for inventions relating to both processes and products.

 

Frequently Asked Questions:

What is the patent jurisdiction?

Each patent is for one country only. Simultaneously patent applications need to be lodged in respective jurisdictions to obtain corresponding patents.

Is patent valid in every country?

The exclusive rights are only applicable in the country or region in which a patent has been filed or granted.

Who can apply for a patent?

A patent application can be filed by:

  • Inventor or his assignee, either alone or jointly with any person
  • Legal representative of any deceased person
  • Virtue of an assignment of the right