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What is a Patent?
Patent is a right that is awarded to a person for his new invention or technology which had never been in existence before. Every nation’s growth rests on the number of significant patents granted. In legal language patent is a set of special privileges approved to a person for his invention to a stipulated period of time. New Invention or technology which brings a significant change in the scientific and industrial world is considered as Patent. Not only in technology companies but also medicines, process of preparation of medicines included under the purview of patent.
Patent is the right that is awarded to a person for a new invention or technology which had never existed before. Every nation’s growth rests on the number of significant patent granted. In legal language patent is a set of special privileges approved to a person for his invention to a stipulated period of time.
Importance of Patent Registration
Special privileges – enable the patent owner to get back development costs and gain ROI in the progress of the patented technology.
Powerful market niche – Economic importance in certain countries may be different based on the type of technology.
Positive representation for your venture – identify and realize the full potential of value from patents.
Boost the command to make the deal – can generate revenue from the licensing of patents.
Chance to accredit or vend the invention – enable a person of skill in the particular field to understand the invention well enough. It facilitates to turn your novel ideas in to riches.
Superior ROI – a key requirement for raising venture capital; The patent law is a legal agenda that set up a system of exclusive rights which supports and support technological novelty and encourage fiscal progress.
What is the Criteria for filing a Patent
If you need to obtain a patent, then there are following requirements for attaining the same.
Patentable Subject matter
It refers to a kind of subject matter eligible for patent protection. Section 3 and 4 of the Patent Act speaks about Non-patentable subject matter. So if a product does not fall under section 3 and 4 is patentable subject matter.
|02||Novelty / New||This is once again an important criteria to determine patentability of an invention. A product that need to be patented must be NEW. You cannot patent something that is already known to public. That means the invention should not have been made public – not even by the inventor before the date of the application.|
|03||Inventive Step / Non Obvious||This means that the invention must be a process or product that must give an innovative solution to an existing problem.|
|04||Industrial applicability||The word Industry should be understood in a broad sense. which means that the invention must have practical utility in order to be patentable.|
|05||Useful to Public||The subject matter ie the invention must be “useful”. In general, a process or a machine, or a composition must work to carry out an intended object in the real world to meet this requirement.|
Types of Patent Applications
Patent application is the one which seeks the Registrar to grant a Patent in the name of the inventor. There are various types of patent applications.
- Provisional Patent Application:
The patent registration is based on Priority. In simple waords its First Come First Service basis. A provisional Patent application is also named as a Temporary patent application. This provisional application would be filed when an invention is in concept stage, the inventor can get the priority date.
The inventor should file a Complete specification within 12 months from the date of filing a provisional specification; failing which the provisional application would be treated abandoned.
- Regular / Ordinary Application for patent
A patent application which is filed without any priority date or filed without any earlier convention application. The original application must accompany with the complete specification.
- Convention Patent application
A convention patent application is the one which is filed in Indian Patent Office with a Prior date based on an application filed in a convention country. The deadline for filing a convention application is 12 months from the date of filing a Trademark application in a convention country.
- PCT Application
- Patent of Addition
- Divisional Application
What cannot be patented?
- Any idea which is frivolous in nature or contrary to the natural laws
- Any invention which is related to a Traditional Knowledge cannot be patented.
- A work which is Artistic, Cinematographic or Musical or literary in Nature cannot be patented
- Mere mixture of two substance that results in mere aggregation of properties.
- Mere Ideas cannot be patented
- Any process for the medicinal treatment or surgical process
- Any process relating to agriculture and horticulture.
- Grants are not given for patents relating to Atomic energy