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Patent Registration helps protect inventions that are novel, involves an inventive step and shows industrial application. MarGhana can help obtain patent registration.
Patent registration helps protect inventions that are novel, involves an inventive step and shows industrial application. MarGhana can help obtain patent registration.
A patent registration helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by the Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return, the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other people for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
A patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, a method to manufacture, particular apparatus, the machine, computer software, technical application, chemicals or drugs.
Patent Registration is basically a process to file an application to register your invention under Patent Act.
Step 1: Patent search
How to check patents? it is the most common quesion amng people when they want to patent for an idea. So, legal raasta performs patent search for all the existing inventions on the idea that you are trying to patent. If there is a patent already on the idea you are considering, than patent is not granted. Patent search saves you from the effort of going through the year long registration process. You can stop if the patent is already registered.
Step 2: Patent domicile
Patent which are registered in India is only valid for India. It protects your invention in India only and does not apply to other countries. There is the possibility to protect your invention in other countries as well. For same, you need to apply for a separate application in each country.
Step 3: File Patent application
An application should be filed with the department before disclosing all the details about your invention.
Step 4: Patent Review
The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on similar idea. If they find the invention unique and patentable, then they grant patent for the application.
Step 5: Patent Grant
The Patent office of the Indian government reviews your patent application. There check for any existing patents granted on similar idea. If they find the invention unique and patentable, then they grant patent for the application.
Q) Why to file Patent?
A) Patent is an exclusive right granted by a country to an inventor, allowing the inventor to exclude others from making, using or selling his or her invention in that country during the life of the patent. It does not give the inventor the right to use or "practice" the invention, and thus the right is subject to any prior rights that others may have to related inventions. So, for example, if you have a patent on a "vessel to hold coffee" and I have a patent on a "handle for a vessel", then I can prevent you from putting a handle on a coffee cup and you can prevent me from attaching a cup to my handle.
A patent is issued to the individual inventor and not to a company, although it is typical practice to have employees assign inventions to their employer. Patent protection is available for any product, process or design that meets certain requirements of novelty, non-obviousness and utility.
Q) What are rights provided?
A) A patent owner has the right to decide who may - or may not - use the patented invention for the period in which the invention is protected. In other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner's consent.
Q) How long it last?
A) Patent protection is granted for a limited period, generally 20 years from the filing date of the application.