Patent

What Are The Common Misconceptions About Patent Registration?

calendar15 Mar, 2023
timeReading Time: 4 Minutes
What Are The Common Misconceptions About Patent Registration?

The field of intellectual property can be quite confusing to regular people. While the creator files for a patent, there are numerous forms, processes, and information that need to be carefully understood. There is more to the story. Throughout the entire patent lifetime, there are also numerous legal disputes and limitations. Information can occasionally be misinterpreted and spread by individuals. As a result, there are now misconceptions that, despite their initial appearance, patents contain false information. Scroll down to check some common misconceptions about Patent Registration.

Misconceptions about Patent Registration

Following are some common misconceptions about Patent Registration:

  • Recording An Invention Is Enough

People frequently record, write down, or send their innovations to themselves in order to preserve it. Although this is a good practice but it won’t adequately safeguard your innovation. All it provides you is when disputing someone else’s patent rights is an approximation of the invention’s date. However, this material might not be beneficial if anyone else submits a patent application before you develop your version.

  • You Can Submit A “Provisional Patent” Application

No such thing as a “provisional patent” exists. At the same time, you can file a “provisional patent application” along with a “non-provisional” patent application. Which, in essence, gives you a year to do it. It is erroneously believed that filing a provisional patent application results in accomplishing your task or even providing you with copyright security. This is just a misconception. To even stand a chance of getting a patent, you can file a non-provisional patent application within a year of filing a provisional patent application. To determine whether and when to send applications, Corpbiz works closely with its customers.

  • A Patent Will Prevent Infringement

One of the common misconceptions about Patent Registration is that getting a patent will shield your goods from infringement. Sadly, patents won’t prevent infringers from copying your method or item. There will occasionally be infringers.

However, the patent serves as a legal record demonstrating ownership of the innovation by the holder. As a result, the patent proprietor has the right to sue the infringer. After the judicial procedures, the patent holder frequently qualifies for financial lawsuits from the infringer.

  • A Patent Will Grant Global Protection

Newspapers and even websites frequently print stories claiming the opposite, but these claims are regrettably false. There isn’t currently a global patent. Your exclusive right is granted by patent protection but is confined in space and time. Unfortunately, being a creator does not give you limitless privileges. As a creator, you contribute to our world’s advancement with your creation. In return, you get a limited license lasting at most 20 years, entitling you to compensation. It is impossible to obtain a patent for the entire globe with a single application; a patent is only legitimate in the nation in which it was filed.

  • The Proprietor Of The Patent Will Be Able To Dominate The Industry With Just One Patent

One of the most prevalent misconceptions about Patent Registration is that patenting a product will give the owner exclusive control over it. It is crucial to recognise that patents only stop counterfeiters from producing, utilising, or selling your innovation. A market stranglehold cannot be obtained through a single trademark. Competitors might submit more patent applications with technically advanced enhancements and precise claims, which might keep the initial creator off the market. As a result, businesses continue to improve and develop their patented technologies, add new patents for more useful claims, and increase the extent of their innovation.

  • Obtaining A Copyright Or Trademark Is Not A Priority

Before obtaining a patent or trademark[1], some people launch their product’s marketing campaign to showcase its viability. However, the operation of patent law may cause you to lose your rights to patent the concept as soon as you make the product publicly available (such as by commercialising the innovation) and without first submitting a patent. If you do that, other traders may be able to use your creation without you being able to make a claim against them. Trademarks may be registered at any moment, but in some nations, the first entity to register a mark has the exclusive right to use it.

  • Provisional Patents Can Be Used As An Alternative Of Patents

People commonly consider provisional patents to be an alternative to trademarks. Technically speaking, provisional licenses do not exist. The phrase “provisional patent filings” would be more correct. Inventors use this clause when they need to quickly reveal the innovation to investors and do not have enough time to complete a comprehensive patent application. A description of the innovation, some specs, and a few claims are sufficient for the patent application. These applications only last a year and grant the patents an early submission date. However, temporary patent filings alone will be insufficient for patent offices to grant patents. They require a full patent filing before the patent can be issued.

  • Patents Can Be Helpful Only Will Taking Legal Actions

Many businesses tend to think that the only legitimate use of patents is to track down infringers and assert ownership of the idea in court. They frequently overlook the effect of trademarks that a company can have on the company’s market worth. Due to their vigorous R&D efforts, businesses with a powerful patent inventory draw more investors. Additionally, patented goods foster customer confidence and boost product sales. Therefore, it is a myth that patents can only be used in judicial processes.

Ways of Filing Patent Application

  1. Online patent submission: It is also referred to as online patent registration and can be done using the e-service portal program from the Indian Patent Office.
  2. Offline Patent Filing: In addition to applying for a patent online, one can do so offline, requiring submitting complex versions to the appropriate Patent Office. However, compared to the official price for the online patent registration mode, the official charge for filing an offline patent application is 10% higher.

Online vs Offline Patent Application

Although there are offline and online registration options for patent applications,submitting a patent application online is simpler than filing a patent application offline. Since many forms do not need to be filed in hard versions, the online patent filing contains simpler evidence and saves a lot of time. You do not need to maintain records of each form individually as a hard duplicate copy because softcopies of many of the papers, such as Form 3 and Form 28, can be immediately online through the Patent filing application, the e-service portal of the Indian Patent Office.Additionally, by submitting documents electronically online, the application can store all its records in one location and can monitor its progress in real-time. Additionally, as was already mentioned, there is a larger official charge for submitting a patent application offline as opposed to online.

Conclusion

It might be challenging to separate facts from myths regarding the patent. Businesses should comprehend what patents are in order to prevent depending on false information. If its workers adhere to such beliefs, a company may suffer financial loss in extreme circumstances.

Also Read:
Patent In India: Registration And Filing Process

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