Do you have the Business idea ..? Are you afraid no one steal it, don’t be afraid its solution has been found? Do patent in India so no one dares to steal it.
A patent is a way to protect your Idea or your invention. It gives permits to the inventor to exclude others from making, selling, or using the invention for a period of time. Now let us discuss how to patent in India.
Patent is for inventions or unique idea which is not already available in the market.
What’s in it for me?
- History of patent law in India
- How can I get patent in India
- Request for examination
- What examiner will check through examination
- Benefits of patent
- Patent offices in India
The patent is given to a particular period of time. Granting a patent is for 20 years. So, there is a time period for granting a patent that is 20 years. After the 20 year the patent becomes an off-patent ” Off patent means anybody can use this product after a period of 20 years.
So after twenty years of protective period the patents open to the general public. Anybody can use this patent; anybody can use this technology for the invention to make the production.
According to the trips agreement, every member of the country has to shift from process patent to product patent. Let us see what is the history of the patent.
History of patent law in India.
The first patent law in the country was passed in the year 1911 by the British government. Like all other laws passed by the British government, this law also aimed at maximizing the profit of the British companies.
with this patent, the British company and higher prices for their product and these higher prices help them to earn a maximum profit for their forums and important thing to be noted under the British patent law is that it was product patent, not a process patent.
In the year 1970, the Patent Act passed under this act the government allowed for process patent also along with product patent, and this process patent is especially allowed in food and pharmaceutical sector.
This allowed to pharma company to produce drug at a cheaper price.
How can I get patent in india?
In India, the first step to get a patent is an applicant will create a document that may be provisional specification or it may be a complete specification. This may be drafted by a patent attorney or an agent or the applicant himself.
He or she will file this specification in this respected patent offices. Here also applicant himself or herself can visit the patent office and file the patent application.
The other way is he or she may take help of a patent agent or a patent attorney and they can do the work on behalf of the applicant. The other way on behalf of applicant someone else can submit the document in the patent offices.
It is not necessary that applicant or inventor himself has to visit the office. This service can be done by somebody else and you can just file or submit the application. You can also be filing it online on ipindia.com website and there you can know the word that is comprehending the filing.
Through this anyone can file the patent online provided applicants should have a digital signature. So it is mandatory that have a digital signature then only it is possible you to file the patent application online.
So in this way it can be physical filing or it may be an online filing. After 18 months the patent application will published it is automatically.
Also Read – Trade mark and copyright
Request for examination
The applicant has to give request for examination along with the requested fees within 48 months. Unless until the request is received by the patent office the application cannot be considered for the patent examination.
Please note that Publication is automatic but examination is not automatic. Applicant has to file the request. If anybody forget to request for examination, then your patent after 48 months going to be public domain. So always remember to follow the timeline carefully.
What examiner will check through examination
Examiner will check if the patent follows the criteria of patent or not. There are three criteria:
- Non obviousness
- Industrial applicability
He will also check the document in a view of other guidelines. There are many such guidelines. I will tell you few of them:
- section 3 check
- Section 4 check
In this examiner will check earlier use of patent information. Before the patent application if you have published that thing or if you have done the commercialization of your invention. If any such report is there, then your application will not have considered for patent.
There are rules and regulations and guidelines for how the drawing should be there like size, font size, spacing, etc. After all the checks based on that, a detailed examination report will be issued by the examiner. Now everything is online so you get an email of the whole report from the patent office.
Now you have the first examiner report in your hand and you should give the reply of the first examiner report. It is mandatory to give it in 6 months. There is a standard format in which you prepare your reply.
If examiner is satisfied with your reply then examiner will accept the invention. If he wants the further clarification or he if wants to know more about this invention, then they do next step hearing.
Hearing is the process in which applicant have to visit the patent office and there he has answer the queries and explain the invention in much detail and clarify all the queries raised by the examiner. Now there is no necessity to visit, this is done online also.
Benefits of patent
- we can protect your Idea or invention for 20 years.
- Use it in business without worry about your competition.
- we make money by renting it to the existing business.
- You can also sell your complete patent to other company.
These are the advantages, a patent owner has, which give leveraged for a complete monopoly and competitive advantage from a competitor, and in certain cases having patent may also help in raising capital for business.
Patent offices in India
patents are justified on the ground that it acts as an information system
whereby an invention can be used by the society for economic development as it
encourages industrial growth in the economic system.
Patent is approved after 18 month
Patent expires in 20 years
yes It can be sold
Patent is valid for 20 years after that it is off patent.
Hi I’m Gurpreet singh, Engineer turned Digital Marketer | Entrepreneur |Mechanical Engineer|Visit gurpreetchawla.in