A patent is a form of intellectual property owned by the inventor, who is the intellect behind the invention. There is frequently uncertainty in patent law over what inventions can be patented and the distinction between intellectual property and patents.
Simply said, a patent is an invention that necessitates creativity. It is an absolute monopoly awarded to the creator in exchange for enabling the innovation to be used in the world market. A patent might be given for a product, a method, or a technological solution to a subject. When innovation is made, the inventor is needed to file for a patent to the patent office since it offers several advantages. Innovation must be novel in order to be patented; it cannot be an expansion of what already exists.
It cannot be clear to persons competent in the particular technical sector, nor can it be just a reordering of the processes involved in the operation; hence, it must include an imaginative step. The most significant aspect is the invention's practicability; if it is theoretical, it must also have the possibility to be put to actual use.
Despite the fact that there is no limit to creativity, the following innovations are not patentable under current law:
An invention that defies natural rules.
An invention that is illegal, immoral, or harmful to public health.
Simple discoveries, scientific principles, or the formulation of an abstract theory are not considered inventions.
The discovery of a new property or a new application for old material.
A substance is formed by a simple mixing that results merely in the aggregate of the qualities of the constituents.
Arranging, rearranging, or duplicating known devices that work independently.
A testing method or process that is used during the manufacturing process.
An agricultural or horticultural approach.
Any procedure for the medical, surgical, curative, preventive, or other treatments of humans, animals, or plants in order to make them disease-free or to raise their economic worth or that of their products.
All of the above-mentioned innovations are not patentable in India.
WHAT EXACTLY IS THE INDIAN PATENT ACT OF 1970?
During the British rule in India, Act VI of 1856 offered 14-year protection to innovators of new manufacturers based on their ideas. Following that, several changes were made, and the Indian Patents and Designs Act was adopted in 1911. Then, again, changes were made, and the current Patents Act, 1970, went into effect in 1972, revising and consolidating India's previous patent legislation. The Patents Act of 1970 was changed again by the Patents (Amendment) Act of 2005(1), which authorized product patents against all disciplines of technology, including food, medicines, chemicals, and microbes. Except in forbidden instances, the new legislation provides for the forced issue of a patent. Pre-grant and post-grant opposition were also addressed in the 2005 amendment. In India, a patent application can be submitted either singly or jointly by the assignee's true and first inventor.
WHAT ARE THE QUALIFICATIONS FOR ACQUIRING A PATENT?
The inventor must file a patent application with the Indian Patent Office. The identification of the inventor is not restricted. Anyone, Indian or foreigner, individual, corporation, or the government itself, can submit an application. This guarantees that innovation is encouraged in all areas and that technology may develop on its own. The patent application must principally reveal the best method of carrying out the invention known to the claimant for which he seeks protection.
The application must also define the scope of the invention, which includes the nature of the project, its intended audience, the implications and objectives, the outcome of the invention, and its purpose. Each innovation must be applied individually, i.e., one petition for one patent formula. A patent cannot be issued for several inventions in a single application. The scope of a patent is critical since it is a decisive element in assessing infringement with other goods. Thus, the infringement must be established in relation to what's been claimed as an innovation under the Patent Act by using construction rules or standards.
WHAT IS THE SIGNIFICANCE OF PATENT LAW?
Patent law is critical because it encourages technological innovation. It promotes R&D activities by safeguarding the rights of inventors. Patent law formalizes and assists the inventor in registering the patent. The primary goal of enacting patent law was to guarantee that invention is free and that individuals are driven to innovate even further as their goods are protected. As a result, patent law is crucial because it guarantees the right of innovators. The value of patents is widely acknowledged across the world.
WHAT EXACTLY IS THE GOAL OF PATENT LAW?
The primary goal of patents was to promote scientific research, new technology, and economic advancement. Patent law provides the inventor a monopoly on the use of their patented invention and allows others to use it with prior permission for a fee. For the specified term, a patent grants the inventor the right to produce, use, offer for sale, sell, or import the invention. In brief, the patent holder has the only right to block or prohibit anyone from commercializing the protected idea. Patent protection implies that the innovation cannot be commercially manufactured, utilized, disseminated, imported, or sold by anyone without the permission of the patent owner. It safeguards against patent infringement, which means that if anybody tries to reproduce the idea or invents against a pre-existing patent, the original inventor has the right to sue the person who created the duplicate product.
IN INDIA, HOW LONG IS A PATENT VALID?
Initially, patients on medication or pharmacological compounds were issued for a limited period of time. However, the 2005 amendment legislation harmonized the patent validity period for all compounds to 20 years. The term of a patent begins on the date the patent is applied for (the same formula is used in Trade Mark). It is accessible to the public for use once 20 years of exclusive rights have expired. After 20 years of monopoly, the patent is free for public use, and the inventor no more has a monopoly over manufacturing, distribution, or similar rights. A patent is valid for 20 years, but the patentee must renew it every year by paying the renewing cost, which can also be paid in one single payment.
THE STEPS OF FILING A PATENT IN INDIA.
Rule of thumb: Do not reveal your idea in the public eye prior to filing a patent application, otherwise the innovation will lose its uniqueness.
Inventors can apply for a patent in one of two ways:
The inventor has the option of filing the patent on his or her own.
The inventor can seek the assistance of a patent filing expert or agency.
Because the patent filing procedure is time-consuming and difficult, most inventors opt to use patent filing specialists or agencies. Because they have years of expertise, such individuals or businesses demand a price. They may handle the patent filing processes on your behalf.
If you opt to hire a professional or an agency, you must fulfill all patent filing requirements so that the company does not pass off your innovation as their own. To that end, you must develop a non-disclosure agreement and get it signed by your agency professional. Before the inventor exposes his or her idea to a professional or agency, this formality must be performed.
There are two ways to file for a patent: on your own or with the help of a patent-filing expert or service. Because you must meet many deadlines, it is advised that you choose a specialist with years of expertise. Also, before disclosing your innovation, demand the official sign a non-disclosure agreement (NDA). Let us now look at the patent filing process.
Step 1: Determine whether or not your innovation is patentable.
You must first determine if your idea is patentable before beginning the patent registration procedure. This implies you should look to see whether someone else has claimed a patent for a comparable technology to the one you're working on. An in-depth patentability inquiry can help you determine if you have a likelihood of obtaining a patent. Whilst the stage is discretionary, it can save you time and help you decide whether or not to file a patent in the first instance.
Step 2: Create a patent application.
You are now free to begin functioning on your patent application. Indian applicants must fill out Form 1 of the Indian Patent Application. A Form 2 patent specification must be submitted with each patent application. Depending on the stage of innovation, you can file a provisional or full patent application. This indicates that if you are still researching your invention, you must file a preliminary patent application. You have 12 months to finish the innovation and petition for a full patent.
You must pay special attention when drafting your patent application. Your patent request should include detailed language about the usefulness and consequence of the innovation. You should also add the essential provisions, such as your plan to license your idea and prohibit competitors from utilizing and benefitting from it. When creating your patent application, employ caution, be precise, and include provisions that restrict the competitors from exploiting your technology.
Step 3 – Submitting the patent application:
You must submit your patent application along with many application forms. You must submit all of the paperwork listed below as part of the patent filing procedure in India.
Form 1 - Is a request for a patent.
Form 2 - Is a specification form for a patent (provisional or complete).
Form 3 - Foreign application undertaking and statement in accordance with Section 8 (required only if a matching patent application is submitted in a foreign nation).
Form 5 - Formal declaration of Invention, that must be provided with the whole application.
Form 26 - Authorization of a patent agent (relevant only if you choose to have an agent assist you in filing the application).
Form 28 - Only if the applicant is claiming small business or start-up status is this form required.
Priority Papers — If priority is being requested from an overseas patent claim or application, you must produce priority documents.
Step 4: Make the patent application public.
The Indian Patent Office secures your patent application when you submit all of the required paperwork. After roughly 18 months, the patent is registered in an official patent journal. Inventors who want their patent filing published before the 18-month deadline can submit Form 9. This is an automated procedure, but if an investor desires to have his application published sooner, he must submit Form 9 (early publishing request), after which the claim will be printed in the official patent journal within one month of the request. However, there are several cases when your patent request may not be publicized.
Unfinished applications, withdrawal requests filed by the individual submitting the patent, and confidentiality orders enforced under the Patent Act if the innovation is detrimental to the nation's interests are examples.
Step 5 – Review the patent application
Before your patent may be issued, it must be substantively reviewed. Your patent is extensively investigated based on the features of your invention as asserted and stated in the patent specification form, according to the norms of the patent application procedure in India. Unlike the publishing process, this is not an automated procedure, and the applicant must make a request to evaluate their patent application by filing Form 18. Only once a formal request for inspection is submitted does the patent office place the application in a queue for examination. You may also speed up the process by filling out and completing Form 18. (A).
While reviewing your application, the patent assessor is required to take a few measures of his or her own. They are as follows:
When an application reaches the desk of an examiner, it is inspected in accordance with the Patent Act and accompanying guidelines.
To guarantee that the invention meets patentability standards, the competent authority searches for related technology.
Following the evaluation of the application, a first examination report (FER) is produced, in which the grounds for any objections, if any, are also outlined.
The examiner goes into great depth about his complaints. This might add another 6 to 9 months to the application process. It should be noted that examiner objections are extremely typical in the case of patents.
If the investor has to make modifications to his or her objection, he or she might submit an application of Form 4 for a time extension.
Step 6 – Make a decision on whether or not to grant a patent.
The patent is granted once the assessor finds no flaws in the patent application. After then, the patent is published in the authorized patent gazette.
Step 7 – Patent Renewal
In addition, the patent holder must renew his patent by paying a yearly basis renewal fee. In India, you can renew your patent for a maximum of 20 years from the date the patent was initially filed.
Even though the patent registration process is time-consuming and complex, it is crucial in the long haul. The complete process might take anywhere from three to five years. However, the Indian Patent Office is employing more examiners and renovating its offices in order to process patent applications in a timely manner. The method is designed to ensure that the innovator receives credit for his innovation. It also ensures that no other party can assert ownership of the invention. Competitors may not be able to earn financially from your invention because of the legal rights you get with your patent. One could even sue such persons for stealing your concept without your consent and seeking compensation.
Patent filing takes roughly 4-6 years; thus, it is recommended that all requirements are met and study be done ahead of time to guarantee that registration occurs on time. Once issued, the patent is in the public domain for use, subject to the inventor's limitations for 20 years, and thereafter accessible to the public.
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