What’s The Process to Patent a Concept in India?
A very common question asked by a lot of people is "Can I patent a concept or idea?" The answer to this question is technically you cannot. You can only get a patent on an invention developed from a concept/ idea. The invention should be produced or a description of the invention needs to be included with the patent application. Therefore, to obtain a patent for your concept, you must file a patent for your idea.
In this post, we are going to talk a lot of things about parenting a concept including:
- What is a patent?
- What are the steps to patent an Idea in India?
- What can be patented?
- Documents required for filing patent registration Application
- Why hire a patent registration service company?
What is a patent?
It's a kind of intellectual property that grants legal rights to the owner of such IP against the unauthorized using, selling, sharing, copying and making of any of this invention for a limited period of time.
In other words, a patent can be a license granted to the inventor providing that person exclusive rights over the invention, it could be anything like a new product, new design, a new method or anything and must provide a great solution to an already existing issue. Keep in mind that a patient is given for a period of 20 years and after that the invention is made available in the public domain.
What can be patented?
According to the patent act 1970, for an invention to be presentable, it should be a new product, design, process that involves an inventive step and can be used in the industry. In order to get an invention patented, it must be technical and must meet some criteria including:
Novelty: Remember, before the patent application in India, the matter disclosed in the specification is not published anywhere.
Inventive: Your invention is not apparent to an individual skilled in the art before publication, document or knowledge.
Industrial Applicability: Your invention must possess utility so that the invention can be used in the industry.
How to patent a concept of an idea?
Is an important process to understand so one can protect his or her ideas from other individuals copying and sharing your work or invention. The filing process can be very difficult if you never did it before.
Keep in mind that taking an idea from conception to patent needs a big investment of time to research your idea and learn how to write clearly. If you follow our steps mentioned below you can protect your expensive idea from competitors. But, as a vital note, it is recommended that I always consult with a professional patent attorney for reasons mentioned in this post below.
Steps to Patent Your Idea
Step 1: Invention Disclosure
You must keep a record of how you come up with this concept or idea and your step by step process. Also, collect all the information about the idea that must be inclusive of the industry of invention, description and purpose of the invention, pros and cons of the invention.
Step 2: Patentability Search
Note: Remember, ball inventions cannot be patented. As per the patent act of India, there are many categories under which the inventions can't be patented.
Thus, research your idea to ensure it is eligible for parenting under the patent law of India.
Step 3: Choose the Type of Protection
You should make a prototype of your invention when filing a patent. Apart from this, you must provide the designs and drawings of your invention to process a patent application. It will provide you a clear picture for a better understanding Type of your protection.
Step 4: Patent Drafting
Must prepare your patent application and know the cost, patent type and provisional patent. You can go for provisional application or complete specification during the patent process. The complete specification will be achieved when the documents complete and justify the application.
Step 5: Filing the Patent Drafting
Now fill your patent application to get the patent that protects your invention, product or design. It will be approved once the controller receives the application. The examiner considers many criteria and reviews the process of the patent search very carefully.
Step 6: Grant of Patent
The last step is granting of the patent. Your patent application is approved and the patent is granted once all the requirements of the patents are met. After this, the patent grant is published in the patent journal.
What documents are required for filing a patent registration Application?
For filing patent registration in India, the documents required are mentioned below:
- An application for registration in form 1, complete specifications in form 2 but if not available then provisional specification. Also, a declaration from you is required as to inventorship in form5.
- A proof from you regarding the right to file patent registration in Delhi. Also, the power of authority required in form 26 if your patent registration application is filed by the patent agent, or patent attorney.
- If the invention application or PCT National phase application, you have to file priority documents along with the application or within 18 months from priority date.
- You also need to submit the national biodiversity authority permission in case the patent registration Application is related to biological material obtained from India.
- The patent registration Application should be signed by you or a patent attorney with the name and date and specification must be signed on the last page along with the date.
Why hire an experienced patent registration service company?
Remember, you must strongly think about hiring a professional patent registration service provider in India like ExpertBells. Such service companies do not only file a patent for you but also ensure that the patent you submit will protect your million dollar idea and provide you a monopoly simply by making the language in the patent application as strong as possible with claims providing the best protection for your invention. You must hire a company that provides a variety of services including Online Copyright Registration, File Copyright in India and Online Patent Registration.
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