Introduction

The world is full of creativity and intelligence. Inventions arising out of people's creative work acquire commercial value, in view of the possibility of their use by large sections of society within the country and in other countries of the world. The patent is one of the widespread ways through which inventions having potential for an industrial application are being protected. The law related to patents in India is contained in the Patents Act, 1970.

What can be Patented?

Anything that is directly from your mind, but it should be: -

• A product;

• A process;

• Apparatus;

• Composition; or

• Improvement of any of these.

Do I have to build my Invention before filing a Patent?

No, because when you are writing down your patent form, you just need to explain your invention in a detailed form in the patent specification, depending upon the technology you are filing. The patent office does not ask for the prototype of your invention until and unless they feel, on examination, that it is a frivolous invention.

If I tell someone about my idea, will I be able to patent it or not?

No. It is always suggested that ‘Keep Your Idea Secret’. If you have told your friend, that’s okay, but don’t disclose all the details, especially the technical details of the project of your invention and if you are discussing with you friend or you are going to detail with any third person, try to sign a NDA (Non-disclosure agreement) before telling him/her.

Should I first go for Paper Publication or Patent? If I have published my paper, can I patent it?

Yes, you can patent it within one year of your paper publication, logically. But strategically, it is suggested that go for patent first and then go for publication, because once you have given detail in the research paper of your research, anyone who is into the same field can do the modification or advancement over your research and can file the patent before you. So, first patent and then publish.

[Image Sources: Shutterstock]

What is the difference between Inventor and Applicant?

An inventor is the person who actually invents or does the research, makes the product, and come up with the idea. An applicant is the person whose name IP right belongs. An inventor can be an applicant. The applicant can be a large entity, small entity, start-up or an individual person.

What are the criteria to get a Patent?

• Your invention should be NOVEL (worldwide).

• Your invention should be non-obvious.

• Your invention should have Industrial Applicability.

• Your invention should have Patentable subject matter.

Who owns my patent if I have made something or invented something during my course work or during my employability term?

Simply, if you are filing it on your name, the application is yours. If applicant is your university or institution, then IP right belong to them. So, you need to review IP policy of your institution and read that carefully.

What is the process of filing Patent?

Here are the steps of process of filing Patent: -

• You have to file a provisional or complete application based on how much your invention or research has been completed.

• If you have completed your research, then file a complete application within 18 months.

• Then, within 48 days from the first filing date, you need to file FORM 18 (Request for examination).

• Once you file Form 18, your replication will be reviewed and First Examination Report (FER) will be generated by the Patent Office.

• Once you receive your FER (First examination Report), your attorney or you have to reply on objections.

• After that hearing will take place. And then either it will be granted or not.

Can I Patent my idea?

No. You cannot patent your idea. The idea gets provisionally filed. There is the provision in Patent Law: - If you want to secure the date of your idea conception, then you can get priority date by filing the provisional application and protecting your concept or idea. The provisional application never gets granted, and it also does not get published.

Should I be going with Patent search or not before filing my Patent?

There is no legal requirement of patent search before filing patent, but it is strategically advised that as an inventor you should go for Patent searching because you tend to know that you are not reinventing the wheel and coping someone or infringing someone right, and again it will help you to do focused research.

Patent search also saves you. Suppose, without doing a patent search, you are going or filing a patent which anyhow gets examined and gets granted, but you have not done a patent search you had not proper research and you have already infringed someone’s technology, that person will sue you. So, you will be ending giving more money than what you were giving while doing the patent search.

Is it important to take help of a patent attorney for filing a patent?

It is not important, legally. You can file your patent yourself also. You can make your own digital signature and file your patent by visiting the nearest patent office, but it is always strategically suggested that: - Go and please take help of a patent attorney or agent to file a patent because they will be guiding you throughout the process from filing till grant.

Conclusion

Anything that is directly from your mind, but it should be a product, a process, apparatus, composition, or improvement of any of these. You do not have to build you invention before filing for Patent. If you are discussing your ideas with or you are going to detail with any third person, try to sign an NDA (Non-disclosure agreement) before telling him/her. First go for patent and then publish it. Your invention should be NOVEL (worldwide), Non-obvious, Industrial Applicability, Patentable subject matter.

Author : Abhishek Singh, in case of any query, contact us at Global Patent Filing or write back us via email at support@globalpatentfiling.com.

REFERENCES

1. https://www.wipo.int/patents/en/faq_patents.html

2. https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Final_FREQUENTLY_ASKED_QUESTIONS_-PATENT.pdf

3. https://www.findlaw.com/smallbusiness/intellectual-property/frequently-asked-questions-about-patents.html