How to get Patents in India?
Posted: Jan 28, 2020
A patent is a legal protection granted by the Government that ensures and guards a new idea and the product developed as a result of that idea. It could also be any new innovation.
It provides a legal right to the owner of the patent that restricts individuals from copying, using and selling his patented idea in the market.
It holds value to a company and thus it is mentioned under the category "Assets" but it is not a current asset. But it is an intangible asset.
How is a patent granted?
It is granted by the patent offices that are set up specifically to issue patents. The offices demand, in return of the patent, all the details explaining the process from start to finish.
What are the types of Patents?
Patents are divided into six different types issued by the United States Patent and Trademark Office (USPTO).
Utility patents, Design patents and Plant patents are the three most common types.
Utility patents - It is a type of patent provided to the person who invents a new and innovative process.
Design patents - Protection provided on the new, original design of a manufactured product. A design patent is valid for a time period of 14 years. Some examples of design patents are designs on Jewelry, Furniture designs, Automobiles designed in different ways, packaging, brand logo etc.
Plant patents - A plant patent is given to the person who invents and produces a plant that has the capability to reproduce.
Patent Law in India
The rules and regulations that govern the patent system in India are the Patents Act, 1970 and the Patents Rule, 2003.
The eligibility requirements for Patent Application are –
The person has to claim that he is the original inventor of the idea or technology or service.
A Provisional Patent is provided to the inventor to establish initial ownership of his invention.
After deciding the type, understanding the criteria and ensuring that the invention is patentable, the person has to file for patent registration. The process of registering Patents in India is a time taking one and takes up to 2 years before it is legally granted to the individual or a company.
Criteria for getting a Patent
Patents are granted to only those individuals whose inventions fulfil certain conditions called as criteria of Patentability-
Must be New or Novel - The idea or the subject matter that the patent is being applied for should be absolutely new. It should be mentioned previously anywhere else around the world.
Must have a Creative aspect - The invention should have a creative touch to it. It should contain some technological advancement that makes it harder for anybody to replicate.
Must have an Industrial Capability – The invention should be flexible so that it could be manufactured in the industry and sold in the market.
Must be non-obvious
Must not be disclosed in the public
Must not attract the provisions of section 3 and 4 of the Patents Act 1970
Patent registration process
Certain steps are required to be followed in order to complete the Patent Registration Process and receive a Patent for the invention.
The verification of the already available patents can be done before applying for it. If there’s a patent that is already registered and has a similarity to the proposed idea, then a ‘Patent search’ saves the effort of going through the time-consuming registration process.
Patents that are registered in India are only valid in India. It does not apply to any other country. Thus, if the company starts its operations in another country, it needs to file for a Patent in that particular country.
Filing Patent Application
An application should be filed with all the necessary details about the invention and mentioning the process of inventing it.
The Patent office of the Indian government evaluates the patent application. A proper assessment is undertaken because there are possibilities that patents that are already provided to persons are based on a similar idea.
Granting of Patent
Once the patent is granted, the status of the application will be updated online. It takes from a minimum of 6 months to 1 and a half years for the patent to be granted.
Transfer of Patents
Patents have the capability to be transferred. The patent holder can handover his patent to another person –
Patent Assignment – Assignment is the act of transferring one’s ownership of the property to another individual. A patent assignment is when a patentee (the one who engages in the transfer) handovers a part of his right or all of his rights to another person.
Patent license – A license can give the right to another person by the patentee to make use of the invention.
Why should you get a Patent?
One may ask, why is there a necessity for a patent. The purpose of it lies in the following factors:
It gives the individual or a group of individuals a sense of freedom and encourages them to invent new ideas and introduce new innovations without the fear of infringement.
It protects the intellectual property of the individuals that would affect their profitability.
What is not patentable?
Any invention that is not against the public morality or can prove to be harmful to humans, animals or plants, is not patentable.
Mahiya Ahmad is a Content Writer & PR Associate for Enterslice. Enterslice is a globally recognized law firm across Asia and specializes in Business Registration, Fintech Licenses and much more.