Can you patent an idea?
Having a unique idea for business and wondering Whether can i protect my idea thus there are certain thing that you need to keep in mind before filling the application for your patent however patent can protect your small business idea/ invention/discover and other like provided it meets the specified criteria requirements.
Q)What can you basically patent?
There are three types of patents that you can apply which is based on the nature of invention
- Utility patent
- Design patent
- Plant(of the green variety) patent
If you posses a business idea that is somewhat abstract then that makes you eligible for applying for a utility patent
Q)What is a utility patent?
A utility patent is basically granted to any one invent or discovers any new and useful
- Article of manufacture
- Composition of matter
- Any new and useful improvement of these.
Procedure for patent registration in india
Step—(1) it is advisable to write any the invention (idea or concept) in detail with highlighting every important point that you need them to know-
Collection of relevant information regarding your discovery.
- Area of invention
- Brief description of the invention what it does
- How does it work
- Advantages of the invention
Ideally if you have done work on the discovery at the time of (R&D) research and development phase you should have something lab record that is duly singed with the specific date mentioned by you and the concerned authority.
Step—(2) includes drawing, diagrams or sketches explaining functioning of the invention
The drawings and diagrams should be designed in should a way that it explain the functioning of the invention in a better way attached visual illustration thus play acts as an important role in the patent application.
Step-(3) conforming Whether the invention/discover/idea is patentable subject matter
While taking into account patent all the invention/discover/idea are patentable as per the provision listed in india patent act however there are certain invention which are not patentable.
Step—(4)(a) how to search patentability
The next step is to find out whether your invention meets all the specified patentability criteria as per the India patent act? That is,
- Industrial application
The option for the patentability is provided by the patent professionals up on conducting extensive search and forming patentability report.
Step—(4)(b).deciding whether to go ahead with patent
The report given by the patentability help you to decide Whether to go ahead with patent or not because there may be chances that what invention/discover/idea you posses that are all ready been patented earlier or know to public in some form of information hence this report save a lot of time, efforts and cost of the inventor which help them to decide shall you can go ahead with the patent filling process or not.
Step—(5) Draft (write) patent application
For instance your are on a very early stage on the patent research and development then you can simply go for provisional application thus it gives the following benefits:
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- Secures filling date
- 12 months of time to file complete specification
- Low cost
Once the provisional application is filled there after you may get an filling date.
Note:-this date is very important in the patent world.
Q)how does this work?
Once you get your patent applications you get 12 months of time provided if this time gets over (12 months) your application gets abandoned.
This once you complete your required document and research work is at level where you can have prototype and experiment results so that you can prove your inventive steps thus you can file complete specification with patent application however filing the provisional specification is the optional step thus if you at a stage where you posses complete information about invention/discover/idea then you have the privalage to go for complete specification.
Step—(6) the application is ready to get published
Once the application is filled with complete specification in addition to the application for patent thus the application is published after 18 months of frist filling.
However you can also make an early publication request along the prescribed fee if there is a question that you do not wish to wait for a period of (18 months) from the date of filling for publishing your patent application generally the application of patent is published within a month form request form early publication.
Step—(7) examination request
The application for patent is examined only after receiving request for examination that is RFE.
After receiving this request the controller is authorized to give the patent application to the concerned patent examiner ( invention/discover/idea) who has the right to examine patent application of certain patentability criteria that are :
- Patentable subject matter
- Inventive step
- Industrial application
Q)What is the process of examination?
The initial step is examiner creates a first examination report of the patent application upon reviewing it for above terms this step is known as patent prosecution, whatever is happening to the patent application before granting of patent is generally called as patent protection.
There after the first examination report is been submitted to the controller by examiner that contain prior arts (exist ting documents before the date of filling) thus which are in respect or in relation to or similar to the claimed invention and so as the report to the patent applicant.
Step—(8)respond to objections
Many of the patent applications will be facing some type of objection that is based on the examination report thus the preferable thing to do is to consult with patent professional or may any expert in patent registration in india thus this can be proven to be a chance for an investor to convey his novelty prior arts found in the examination report there after the inventor and the patent agent give in respond about the examination is prove to controller that his invention is indeed patentable and thus satisfies all the patentability criteria’s.
step—(9) clearing all objections
The motive of the communication between the controller and patent application are resolved.
If it amounts that the patent is not granted then there is a chance with the investor thus he posses a fair chance to prove his point and there after establish novelty and inventive steps over existing prior invention/discover/idea.
Up on finding the patent application in order of Grant it is the grand to the patent application as early as possible.
Step—(10) Granting of patent
The application will be taken into consideration Once The order for grant meets all patentability requirements however the granting of the patent is notified in the patent journal which is published time to time.
Having a unique idea for business and wondering Whether can i protect my idea there are certain thing that you need to keep in mind before filling the application for your patent however patent can protect your small business/idea invention/discover