In the day and age where it is regarded that even the wheel can be reinvented, patent filing has become more necessary than ever. A patent can be understood in laymen’s term as the legal protection provided on a unique and inimitable invention which fulfills specific criteria in order to successfully be recognized for patent protection. Patent filing in India is a process which involves a strenuous amount work in order to gain the patent successfully as there is a criteria that has to be satisfied. Patent registration is a process which involves an invention having to fulfill specific criteria of subjection being:
In order for the patent filling process to be conducted a product should be seen as something which is not of public knowledge or understanding. The innovations which are created by a person should not have been granted or disclosed for public use prior to attempting to gain a patent as this would disable its ability to be granted patent protection.
The innovation which is seeking to be granted a patent should be a truly unique and original creation of the inventor and should not have existed by any means prior to the creation. Any invention which is already existing or not unique by any manner cannot be granted patent protection and should not be attempt to intimate the patent filing process due to filling fees in India.
3. Inventive Step
This part of the innovation seeking to be patent should be regarded as the concept of the invention should not be of the predictable nature by any person who is specialized within that specific field prior to the patent being filed. There should be a technical advance involved within the innovation seeking to gain patent protection to make it feasible due to the reason if the Indian Patent Office deems that the invention could have been predicted by a person well-versed in the field then it will not gain a patent.
4. Industrial Usage
The invention seeking to gain a patent should be of the nature that it can be used in any sort of industry of a single or multiple dimensions and is not applied in a vague and general manner attempting to try and cover too many fields of application with general use. There should be some economic significance, meaning that it should be of some fiscal relevance in generating revenue for the innovation seeking to be patented.
Filing a patent as mentioned before, is a lengthy procedure and leaves a prospective patentee in the dilemma, of when it would be fit to file for a patent. A patent on an innovation can be filed after the invention is completed or even during the process of completion of the invention. The Indian Patent Office gives an invention during its developing stage the capacity to test and finalize it for duration of twelve month with security. This allows an inventor to gain patent protection in a faster manner. A patent filed should include all the designs and artwork which are necessary in a simple manner which could be understood by a layman, in order to achieve the patent with maximum competence.
A person should try and apply for a patent as soon as possible in order to secure the novelty of their innovation and to ensure that other entities would not be imitating or using any likewise creations or attempt to achieve patent protection which would disable them to attempt to patent their creation or develop them.
The patent registration process in India involves legal fees to be paid to the Indian Patent Office as well as the patent filing fees in India to be paid to legal personnel such as a patent agent intimated for the patent filing throughout the process. The process can begin at the cheapest of Rs.1600 and can begin at as costly as Rs.8000 being only the fees of the government. The process for filing a patent begins with a patent search usually conducted by a patent agent who takes his own set amount of fees for conducting the search. The next step involved in patent filing in India is by applying for a patent in the respective Indian Patent Office. After applying for a patent the applicant will get a preliminary objection letter in which issues are raised with the invention seeking to be patented and have to be complied with in order to continue the patent filing process. The Patent Office further publishes the application in the Official Gazette after the applicant submits the modified changes. Next in the patent registration process is for the applicant to request for an examination. This examination is to be conducted within a specific time period and then provides for errors within the inventions which have to be altered. Once altered by the applicant, the patent will be successfully granted to them making them a patentee and enjoy the patent for the span of twenty years until renewal is required. The renewal of a patent also requires the payment of fees to the office to retain the patent. The benefits of having a patent are of the grave nature as the entity will enjoy the sole rights over the property with the legal protection given to them for its usage.
The procedure of patent filing in India is very long and hectic as it involves a great amount of work to be done and is usually advised not to be initiated without the consultation of professional legal assistance.
At Company Vakil, we provide services to complete the long and dreary process of acquiring a patent with optimal efficacy and minimal effort towards our client. With our team of legal experts well versed and thorough with intellectual property rights including Trademark Registration, Copyright Registration. The procedure of gaining a patent becomes tremendously easy and stress-free for inventors seeking to gain patent protection on their inimitable inventions without getting tangled within the legal work and gain all the benefits of patent protection by completing the patent filing process for you.