Patents are an important means of providing legal protection to the inventions and ideas of an individual or a company. Everything you need to know about its legal registration is explained in simple language.
What is a patent?
A patent is a legal right granted to a person or company that grants legal ownership of an invention. That is, only they will be allowed to manufacture, use and sell it. Copying or using without permission is illegal.
In order for an invention to be eligible for a patent, it must have two main advantages:
1.original - This invention must not have been invented by anyone yet.
2.The invention must be capable of being manufactured or implemented in the industry.
The process of patent search
Before filing a patent application, it is necessary to check whether other similar inventions have already been registered earlier. A patent search can be performed as follows:
Go to the official portal of Indian Patent Advanced Search System (InPASS) .
International websites such as Google Patents and WIPO Patentscope can be used for this. You can search by categories such as application number, registration number, and name of the patent. This way you can be sure that your invention is truly new.
The stages of patent registration
1.Apply at the national or Indian level.
- Fill in the application forms (Form 1, 2, 3 and 5)
- Add technical specifications drawing and claim
2.Certain the date for the fair
- Priority will be determined based on the filing date.
3.Publication of the article
- The application will be published in the Official Patent Journal within 18 months.
4.v Request for Examination (RFE)
- Application must be made using Form 18.
5.Patent Office's inspection and response
- You will be required to answer questions from the examiner if requested.
6.Decision of termination - approval or rejection
7.After approval, a patent certificate will be issued.
The patent will be protected for 20 years.
The Patent Rights Section
Section 48 of the Indian Patent Act defines what kind of rights a patent holder has.
Under Section 48, it is only for the person who has been granted a patent to:
- to build
- to be used
- to sell
- whether to import.
It's a right.
If a new invention is made, it is necessary to obtain a patent to protect it legally. You can't legally get help if someone else uses your idea or product without a patent. Therefore, prior patent investigation and registration is mandatory for inventions.
Not only can we protect our product under patent laws and procedures, but there is also an economic benefit available through it.