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Conduct a Patent Search :Before filing a patent application, conduct a thorough search to ensure that your invention is novel, non-obvious, and not already patented or in the public domain. This helps avoid unnecessary costs and delays in the patenting process.
Prepare and Draft the Patent Application :Draft a detailed patent application that describes the invention, its technical features, and its novelty compared to existing technologies. Include drawings, diagrams, and any other supporting materials to illustrate the invention's functionality and utility.
File the Patent Application:Submit the patent application to the relevant patent office or authority in your jurisdiction. Pay the required filing fees and provide all necessary documentation, including the patent specification, claims, abstract, and any other required forms.
Examination and Prosecution :The patent office will examine the patent application to determine its patentability and compliance with legal requirements. This may involve correspondence with patent examiners, responding to office actions, and making amendments to the application as necessary.
Publication and Grant :If the patent application meets all requirements and is deemed patentable, the patent office will publish the application and grant the patent. The patent holder will receive a patent certificate, confirming their exclusive rights to the invention for the duration of the patent term.
Some part of it has a new development and has not been published in India or elsewhere before the date of filing of the patent application in India.
If someone who is skilled in that particular field would consider the invention to be an unexpected or surprising development on the invention date.
Invention should be useful, such that it can be used in an industry.
It can be any invention related to work, manufacturing, the machine, process, computer software or any other which was never introduced to the public before.
If a patent is granted in India does it mean that it will protect my invention outside India as well?
A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.
To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.
Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
For a software to be patented it must fulfill the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.
Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.
Yes, you could search easily at portal. But it requires the expert consultation to search for a patent. They can help you with the filing with more accuracy. So it is always advised to consult experts while patent search or registration in India.
Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.
Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under public domain.
An applicant should make a request for a hearing in of the application at least 10 days before the expiry of the statutory period. If he fails to do so, then the controller may not provide the opportunity of being heard before refusing his application.
After done with patent procedure you can simply get the patent of your idea.
