How To Apply For Patent?

A Patent Is A Legal Document Awarded By The Government Of A State Or Country, Depending On National Rules. It Grants An Inventor The Sole Right To Manufacture, Use, And Sell His Or Her Invention For A Set Length Of Time.

The Primary Idea Behind This Method Is To Encourage Inventors To Protect Their Work. Books, Films, And Some Works Of Art Are Not Patentable. Copyright Law, On The Other Hand, Allows You To Protect These Assets. Patent Law Is A Subset Of Intellectual Property Law, Which Also Encompasses Copyright And Trademark Law.

Who Is Eligible To File A Patent Application?

Before We Go Into How To Get A Patent In India, Let's Look At Who Can Apply For One. To Secure A Patent In India, Many Conditions Must Be Completed. Individuals And Businesses, Such As Are Both Eligible To File Patent Applications. The Essential Condition Is That The Applicant Be The Inventor Of The Invention.

The Idea Of Inventorship Is Important In The Patent Application Process Since It Identifies Persons Who Contributed To The Invention Of The Product. Entrepreneurs Who Believe In The Maxim "Innovations Fuel Startups" Contribute To The Pursuit Of Patents By Developing Goods Or Services. They Must Ensure That Their Ideas Fit The Indian Patent Office's Criteria And May Seek Help To Properly Protect Their Intellectual Property Rights.

What Inventions Can Be Patented?

To Be Eligible For A Patent, An Item Or Idea Must Meet Three Basic Requirements:

• It Has To Be Unique And Original: This Means That The Individual Invention Must Be Novel, With No Existential Trace Of It.

• It Has To Be Distinctive In Itself: Individual Improvements To Present Technology Cannot Be Patented.

• It Should Also Be Helpful: It Should Provide Value To The Average Person's Life, But It Should Neither Benefit Nor Support The Use Of Illegal Substances Nor Should It Be Used For Unethical Purposes.

  
  

How To Apply For Patent

You Can Apply For A Patent On Your Own Or With The Assistance Of A Registered Agent. When It Comes To The Expense Of Obtaining A Patent, The Following Two Components Come Into Play:

• Government Fees For Forms And Renewals

• If You Opt To Hire An Agent, The Costs For The Professional

• It Is Generally Advisable To Obtain A Patent Through A Registered Agency.

1. Disclosure Of An Invention: The Initial Step Is To Explain Your Invention To The Specialist. This Is Accomplished By Entering Into A Non-Disclosure Agreement.

2. Patentability Search: Typically, A Professional Charges A Fee (Between Inr 10,000 And Inr 20,000) For This Phase. At This Point, Your Professional Conducts A Thorough Study For Prior Evidence In All Possible Databases. Furthermore, He Or She Creates A Patentability Search Report For Your Innovation.

3. Filling Out A Patent Application: This Is Where The Actual Procedure Begins. After Conducting Extensive Study On The (Existing) History Of Your Idea, You Can Determine Whether Or Not To File A Patent Application.

4. Patent Drafting: This Is The Fourth Stage In Applying For A Patent In India. You Can Either Draft The Application Yourself Or Seek Professional Assistance. If You Opt To Seek Assistance, You May Have To Pay Anything Between Inr 20,000 And Inr 30,000.

5. Filing The Patent Application: It Is One Of The Processes Required To File A Patent Application In India. When You Have Completed Reading Your Patent Draft And Are Pleased With The Breadth And Specifics, You Are Ready To Submit For A Patent. You Can File The Patent Application In The Prescribed Method, With The Necessary Forms And Costs Of Inr 1,600, 4,000 Or 8,000, Respectively 

6. Request For Examination: This Is The Step Where The Applicant Must Request That The Indian Patent Office Assess Your Patent Application Within 48 Hours. Examination Fees Range Between Inr 4,000 And Inr 20,000 (Depending On The Type Of Applicant).

7. Responding To Objections: During This Process, The Patent Office Officers Thoroughly Review The Document And Report Provided To Them.

8. Patent Grants: If The Application Meets All Of The Necessary Standards, It Is Considered For The Grant. The Ultimate Grant Of An Application Is Usually Announced In A Published Journal.

9. The Renewal Of Your Patent: Renewal Of Your Patent Is One Of The Final Phases In The Process Of Obtaining An Indian Patent. A Patent Typically Lasts 20 Years. After 20 Years, The Owner Is Required To Renew The Patent For A Modest Price.

   
   

Advantages Of Registering Patent

1. Completely Defend Against Infringement: If The Innovation Is Patentable, You Have The Legal Right To Prevent Anyone From Copying, Producing, Or Selling It Without Your Permission. You Are Protected For A Specific Amount Of Time. One Of The Most Significant Benefits Of Patent Registration Is The Ability To Keep Infringers And Rivals Away.

2. Patented Inventions May Be Traded. As An Alternative, You Can License The Patent To Generate Cash Over Time. It Might Provide Your Firm With A Consistent Source Of Money. 

3. All Flexibility For Reform: The Issued Patent Grants The Inventor The Right To Use The Idea For Any Purpose For 20 Years. The Existing Invention May Not Be Used, Sold, Or Modified By Anyone Other Than The Inventor Throughout The Term Without The Inventor's Prior Written Approval.

   
   

Lead India Offers Various Legal Services, Such As Free Legal Advice And Internet Information. We Provide A Facility In Which You Can Talk To A Lawyer And Ask Legal Questions Regarding The Law Here. Lead India's Lawyers Can Assist You With Any Legal Issues. In India, Lead India Provides Free Legal Assistance Online. In Addition To Receiving Free Legal Advice Online, Lead India Allows Users To Pose Inquiries To Experts For Free.

Read Also 

What Steps Should I Take If My Employer Is Not Providing Provident Fund In Delhi?

How Can You Legally Protect Your Intellectual Property As A Small Business Owner?