Patent

Patent Process: All You Need To Know

calendar24 Mar, 2023
timeReading Time: 5 Minutes
Patent Process: All You Need To Know

An intellectual property right known as a patent gives a creator security for a creation of his. A patent is a privilege given to someone who creates a novel, usable product, an enhancement of an already existing product, or a novel method of manufacturing a product. A patent has a territorial scope, which means that unless the innovation is also protected in the other state, a patent issued in one state cannot be implemented in the other state. It should be mentioned that concepts are not patentable. An innovation must be created from a concept for it to be patentable. Scroll down to check the complete Patent process.

What is A Patent?

A patent offers protection for your intellectual property. A patent, once granted, is applicable for 20 years. Not all concepts, though, are protected. If the concept has the ability to develop into an innovation, a provisional patent application may be submitted.

The government grants an exclusive right to use one’s ideas and works through the formal award of a patent to the owner. Its primary purpose is to urge people to protect their original thoughts and creations.

Requirements for Getting a Patent

You must know the requirements for obtaining a patent concept before starting the Patent process. The task should be original in addition to the concepts requiring a novel method. The following requirements are necessary in order to be eligible:

Unique

The invention must be original to secure patent protection and successfully finish the patent registration procedure. The task ought to be distinctive from previous efforts.

Not-Obvious

The concept must be distinctive from others. It ought to be something that is difficult to anticipate. According to the Patent Act of 1970[1], an inventive move is required to finish the patent application procedure.

Useful

The concept or innovation must, in some way, be helpful in the real world. They need to be obvious and useful in real life. Additionally, it must be used to meet business goals.

Patent Process: Step-By-Step

Following is the step-by-step Patent Process:

  • Think Of An Invention

This is the first step of Patent process for an investor who wishes to move forward with their invention. You must gather all the essential information. What is the invention’s area, what are the benefits, and how will it help improve currently available solutions are some important questions that the creator needs to consider. Not every innovation qualifies as a protected idea. These topic matters are provided by Section 3 of the Patents Act.

Subject matters that cannot be patented are listed in Section 3 of the Patents Act. Therefore, the creator must be certain that the innovation does not fit into any of those not patentable categories before coming up with it.

  • Patent Search

This stage of Patent process involves determining whether your idea is novel (new), which is one of India’s requirements for patentability. We must have at least one new element when comparing our innovation to the prior art. By conducting a thorough search and analysis of every element of our invention, the novelty search report that is produced will let us know if there are any previous works that 100% overlap our creation. Additionally, the novelty search results for our invention’s components can be used to guide the writing of a patent application (since we now understand what constitutes a novel and what does not), which can aid in the issuance of a patent for your creation.

The search summary also includes a novelty opinion, which may be favorable, unfavorable, or indifferent. You can use this advice to determine whether you want to file a copyright or not. Therefore, it helps the inventor determine whether to proceed with the patent application procedure or not, saving him time, effort, and money.

  • Ensure That Your Idea Is Patentable

You must determine whether your idea is patentable prior to starting the patent process. This implies that you must decide if someone else has already applied for a patent for a similar device to the one you are applying for. You can determine whether you can obtain a patent by conducting a thorough inquiry on patentability. Although this process is voluntary, it can help you understand whether or not you should initially apply for a patent, which can save you time.

  • Make Patent Filing Draft

The procedure for applying for a Patent can now start. Indian candidates must complete Form 1 for Indian Patent Application. A Form 2 patent brief must be submitted for each patent application you submit. Depending on the state of creation, you can choose between a temporary and complete patent application. This means that you must submit a provisional patent application if you are still trying your idea. You have 12 months to complete the idea and submit a patent application.

  • Submission of Patent Application

The Patent process actually begins here. The patent application can then be prepared and submitted to the government patent office using Form 1 of the application form. The ticket would have the patent registration number on it. If the innovation is still in its early stages, Form 2 can also be used to submit a preliminary patent application. A previous date of submission, which is important in the realm of patents, can be obtained by submitting a provisional application. Additionally, one has 12 months to submit the entire design. Startups and small businesses must submit their patent applications using Form 28’s application form.

  • Publication of Patent

The Indian Patent Office securely secures the patent application after you send all the required paperwork. After roughly 18 months, the patent is then published in a formal patent publication. However, creators can file Form 9 if they want their patent application released earlier than this 18-month window. Although this is a routine procedure, a creator can request early publication by submitting Form 9 (early publication request), in which case the application will be published in the official patent magazine within a month of the request. Your patent filing might not be released in some situations. These include incomplete applications, requests for patent withdrawals made by the applicant, and confidentiality orders issued under the Patent Act when the innovation is detrimental to the interests of the country.

  • Requesting for Examination

The patent application is then authorized after being received by the supervisor. This is one of the crucial last stages in the patent application procedure. The examiners thoroughly scrutinize the application while taking into account a number of factors.

The petitioner must request the patent office to examine the application because, unlike publishing, the examination is not automated. According to Form 18, the standard proposal must be submitted within 48 months of the application’s submission date. In response to such a request, the controller assigns the application to a patent examiner who reviews it for originality, non-obviousness, innovative step, and industrial relevance in order to determine whether it meets the requirements for patentability. The examiner then provides the petitioner with the First Examination Report. (FER).

  • Eliminating Objections

The complaints will be raised and resolved in accordance with the patentability report and exams. This enables the inventor to finish the patent application procedure and explain the innovation.

Patent Grant

The awarding of the patent is the final and most crucial stage. Once all of the criteria for a patent have been satisfied, the application is accepted, and a patent is issued. The patent award is then published in the patent publication after that.

Conclusion

By working on it to create innovation, then protecting it with a patent, and finally commercializing the patent for financial gain, excellent innovative ideas can be transformed into property (intellectual property like a patent).

A good concept is an excellent place to start, but there are steps and actions to be taken to determine whether it can lead to an innovation that can be patented and whether it has the market potential to be lucrative.

Also Read:
Patent In India: Registration And Filing Process

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