What is a Patent? How to Get a Patent in India?

How to Get a Patent in India

If even a small idea of yours is unique, then it can rock the world. It can make you famous and rich overnight. If needed, just do some hard work and patent it in your name. A patent is a right granted to a person or organization for a completely new service, technology, process, product, or design so that no one can copy them. In other words, the patent is such a legal right that after getting it, if a person or organization invents or makes a product, then it gets the monopoly of making that product. Suppose a person or organization other than the patent holder manufactures the same product. In that case, it will be illegal and if the patent holder lodges a complaint against it, the patent infringer will be in legal trouble. But if someone wants to make this product, he has to take permission from the patent holder or organization and pay the royalty.

There are different types of Patents:

Utility Patents

These protect a useful process, machine, raw material of a product, the composition of something, or an improvement in any of these. For example fiber optics, computer hardware, medicines, etc.

Design Patent

It prevents the illegal use of new, original designs of the product. Such as the design of an athletic shoe, a bike helmet, or a cartoon character, all are protected by a design patent.

Plant Patents

These are for the plants that have been discovered and are capable of reproduction. A hybrid rose, Silver Queen corn, and Better Boy tomato are examples of plant patents.

Note: The thing to note here is that you can file both utility and design patents for different aspects of an invention.

What Can be Patented and What Cannot be Patented?

What Can be Patented?

Inventions that:

1. Be unique or new

2. Distinctive: It means that the invention should be completely distinct. For example, a patent cannot be made by changing any element or shape of a drug. To get a patent, your invention must be completely new, something that has never been done before.

3. Inventions that are useful. Your gadget must be useful and serve a useful purpose and practically live up to the claims made.

What Cannot Be Patented?

1. Laws of Nature (wind and gravity)

2. Natural things (soil, water)

3. Abstract idea (mathematics, and philosophy)

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How to Get a Patent in India?

There are some ways how to patent an idea

  1. The inventor or his appointee can make an application for a patent. Provide complete and clear information about your invention in your application. Explain how it is new, unique, and useful.
  2. If two or more people have made an invention together, then the name of all the inventors should be written on the patent application.
  3. An inventor’s application filed for a patent is thoroughly examined. The Patent Examiner makes sure that the application meets all the qualifications.
  4. One who has filed an application for a patent has to make a request for a patent examination within 48 months of the application.
  5. The concerned officer then sends all the objections and questions to the applicant seeking answers.
  6. For this, 12 months time is given to file the document. If you could not satisfy the authority then the application will be rejected.

Also, remember that your application may be returned later in case the examiner has missed any aspect.

Note: The special thing is that you can also take the help of an agent for patent registration. Make sure that you choose a patent agent who is certified by the Controller General of Patents, Designs, and Trademarks. 

You can also file an application online. For this, go to www.ipindia.nic.in and go to the Patent section and go to Comprehensive eFiling Services for Patents.

How to Get a Patent in India

Before Get a Patent in India: You Need to Know all these things

Significantly, the patent made in India is not valid worldwide. In other countries of the world, you will have to file a separate patent. India has patent treaties with some countries. You can give the patent application given here as well as in the patent offices of Kolkata, Chennai, Mumbai, and Delhi.

There is a patent office in every country. Apply to the Patent Office for a patent on your product or technology, along with a description of your invention. After that, the patent office will examine it and if the product or technology or idea is new then it will issue the patent order.

It is very important to know here that the patent taken for a product or service will be applicable only in the country where it has been patented. If a person in America or any other country makes a copy of a patented product or service in India, then it is not considered an infringement. Similarly, if the company which has been granted a patent in India, wants to have a monopoly over the patent of the same product or service in America or any other country, then it will have to file a separate application in the patent office of that country. Their detailed information can be found at www.ipindia.nic.in.

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