Intellectual property includes patents. Through innovation, the state promotes the growth of the economy. Patent holders have exclusive rights for a limited period of 20 years.
The most common question that anyone interested in learning about patents in India and protecting their invention has is, ‘How do I get a patent in India??? This is also a critical question in every industry where innovations are commercially leveraged. Patents are one of the most commonly searched keywords in science and business.
The benefits of owning a patent
· A 20-year exclusive right to the invention can be granted
· Businesses can benefit from patents
· Patent holders may sell their patents to any company in the future
· Patent holders can prevent others from using, selling, and importing their inventions in countries where they are protected by patents
· Businesses with commercially viable patents can also enjoy a competitive advantage in the market.
Steps to File a Patent
Step 1: Become familiar with the topic
Read the Indian Patent Act as all inventions are not patentable. You want to make sure that your invention bypasses the exceptions list.
Step 2: Checking patentability criteria and other factors
Next, the invention must be verified to ensure that it meets all the requirements outlined in The Patents Act, 1970. Make sure your invention:
· Can be used in industry
· Does it enable
· Is it non-obvious
· Novels are considered to be works of fiction
The patentability of an invention or idea must also be thoroughly researched by patent experts. The decision whether or not to pursue your patent application should only be made after receiving professional advice from experts.
As a result of this step, the innovator is relieved of the burden of calculating the patent's monetary value in the future. Aside from saving time and money, this step is also convenient.
Step 3: Develop a detailed description of your invention
In the written document, the following points should be addressed:
· Invention field
· The innovation's description
· The invention's utility
Research and development documents must also be provided after they have been signed by both you and the competent authority.
Step 4: Use diagrams to describe your invention
Adding diagrams to your invention will enhance its utility. An invention's working must be explained through diagrams. It may be easier for you to get the patent granted in your name if you present it visually.
Step 5: Submit a patent application
In the early stages of research and development, a provisional application can also be filed. A provisional application has the following advantages:
· 12 months of low-cost protection, which investors can use to find investors
· Complete specifications must be provided within 12 months
· Date of filing protection
You may, however, request a complete specification directly if you have a detailed description of your invention. A prototype must also be generated to support your invention claims, along with all the necessary documents and research work.lete specifications must be submitted along with the application.
Step 6: Publish the application
Following the first filing of the application, it will be published 18 months later. The stated fees can, however, be paid in order to request an early publication. Additio once the early publication request has been submitted, it will take about one month for the article to be published.