What is a Patent? Definition, Example and Types

What is a Patent?

A patent is a legal document granted by a government, giving the owner exclusive rights to use, produce, and sell their intellectual property for a limited period, typically 20 years. It also grants the owner the legal right to exclude others from making, using, or selling the invention during this time.

Related Read: How to Apply for Trademark in India?

Patent Example In Real Life

1. Mobile Phone

Mobile phones are linked with numerous patents. For example, Martin Cooper of Motorola is recognised for creating the first handheld mobile phone, receiving a patent for it in 1973. This groundbreaking device transformed communication, enabling people to connect instantly from virtually anywhere.

2. Electricity

Thomas Edison’s patent for the electric light bulb in 1879 is a prime example of a game-changing innovation. Edison’s invention of electric lighting set the stage for how we use electricity everywhere today, from our homes to businesses.

3. Telephone

One of the most famous patents is Alexander Graham Bell’s for the telephone, granted in 1876. This invention changed how we communicate by making talking to people over long distances possible. Bell’s patent helped create today’s telecommunications industry.

Importance of Patent

Patents are essential for driving innovation and safeguarding intellectual property. They provide inventors exclusive rights, preventing others from using or selling their inventions without approval.

Here are some key benefits:

1. Research

Patents are crucial for your research and development efforts. They protect your new inventions, allowing you to share your findings without fearing that your ideas might be stolen.

2. Access to Information

Patents require detailed public disclosures about your inventions, which adds to technical knowledge. This transparency can inspire others to improve on your technology, fostering a culture of continuous enhancement.

3. Competitive Advantage

Holding a patent gives you a significant advantage over your competitors. It provides exclusive rights to your technology, ensuring you maintain a unique position in the market and potentially earn higher profits.

4. Licensing Agreements

You can license your patents to others, creating additional revenue streams. These agreements allow others to use your patented technology while generating financial returns for you.

5. Negotiation with Investors

Patents can be a powerful asset when negotiating with investors. They show that your invention is original and legally protected, which can increase investor confidence and help you secure funding for further development and commercialisation.

6. Legal Action

If someone breaches your patent, you have the right to take legal action to stop the violation and seek compensation.

7. Signal of Expertise

Obtaining a patent can highlight your expertise and innovation to the market, potential partners, and customers. It demonstrates your ability to create something new and valuable, boosting your reputation and credibility.

8. Preferential Treatment

Patents might also lead to preferential treatment in government contracts and grants. Government bodies may favour you for funding and partnership opportunities, recognising the value of your innovative technology.

Types of Patents

There are three main types of patents: utility, design, and plant, each serving distinct purposes in protecting various innovations and creations.

They are as follows:

1. Utility Patents

• The utility patent is the most commonly issued patents, safeguarding new and useful inventions or discoveries.
• It cover processes, machines, manufactured items, or compositions of matter.
• Utility patents are awarded for inventions that introduce a novel method or technical solution.

2. Design Patents

• Design patents protect the unique visual design of a functional item.
• Unlike utility patents, design patents focus on the appearance rather than the function.
• For example, Design patent cover the distinctive shape of a bottle or the design of a piece of furniture.

3. Plant Patents

• These patents are given to those who discover or develop a new and unique plant variety that can be reproduced asexually.
• This includes plants reproduced through methods like grafting or cutting, but not those grown from seeds.

How do Patents Work?

Here is how patents work for you:

1. Protection from Unauthorized Use

A patent gives you the right to stop others from making, using, or selling your invention without your consent.

2. Exclusive Rights for a Limited Duration

Most patents are valid for 20 years, though some, like pharmaceutical patents, can last up to 25 years.

3. Maintaining Patent Validity

You must pay annual renewal fees to ensure your patent remains valid throughout its duration.

4. Knowledge Sharing and Innovation

Filing a patent requires a clear description of your invention, enabling others to learn from it and build on existing technology.

5. Legal Recourse Against Infringement

If someone infringes on your patent, you can take legal action to stop them and seek compensation for damages.

6. Ownership and Transfer of Rights

Patents can be owned by the inventor or transferred to organizations, companies, or institutions that funded the research.

7. Variety of Patent Types for Different Innovations

There are several types of patents, including utility patents for inventions, design patents for appearance, and plant patents for unique plant varieties.

What Can Be Patented in India?

According to Indian patent law, An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented.

The following table provides a list of what can be patented:

What Cannot be Patented in India?

As per Sections 3 and 4 of the Indian Patent Act, particular inventions and ideas are deemed non-patentable in India.

The following table provides a list of the major exclusions:

How Much Does a Patent Cost in India?

The cost of obtaining a patent in India typically ranges from ₹40,000 to ₹1,08,000, from filing to grant.

Here’s the breakdown of the patent cost in India

How to File a Patent in India?

• Detail Your Invention: Clearly describe your invention and its unique features.
• Perform a Patentability Search: Conduct a search to ensure your invention is original and has not been patented.
• Draft Your Patent Application: Prepare a comprehensive application that includes a thorough description and specific claims regarding your invention.
• File the Application: Submit your patent application to the Indian Patent Office.
• Publication: After filing, your application will be published for public review.
• Request an Examination: Formally request an examination of your patent application.
• Address Objections: Respond to any objections raised during the examination process.
• Patent Grant: If all conditions are met and objections are resolved, your patent will be granted.

For a comprehensive overview of the process to apply and file a patent in India, please refer to our detailed guide. This article covers all the necessary steps, requirements, and tips to help you navigate the patent application process effectively.

Difference Between Patents vs. Trademarks vs. Copyrights

Conclusion

A patent is a crucial legal document that grants inventors exclusive rights to their inventions, promoting innovation and creativity. By protecting original products and processes, patents encourage new ideas and contribute to economic growth. Understanding the types of patents and the application process is essential for safeguarding intellectual property and ensuring inventors receive recognition and benefits for their contributions.

Frequently Asked Questions

1. What is a patent in simple terms?

A patent is a government-issued certificate granting exclusive rights to an inventor, preventing others from using, making, or selling the invention without permission.

2. How much does it cost to file a patent in India?

In India, patent filing costs vary by applicant type: ₹1,600 for individuals, startups, small businesses, and educational institutions, and ₹8,000 for larger companies.

3. How much does it cost to patent an idea worldwide?

Securing a global patent can be quite expensive, typically costing around $1,000,000 for filing in nearly 200 countries. Additionally, maintenance costs can also reach about $1,000,000 over the patent’s lifespan. However, the Patent Cooperation Treaty (PCT) can help manage these costs by allowing inventors to file a single international application recognised by up to 150 countries.

4. How long does a patent last?

The validity period of a patent varies by category: utility and plant patents last 20 years from the filing date, while design patents are valid for 15 years from the grant date. To keep a patent in effect, periodic maintenance fees must be paid.

5. What is the main role of a patent?

The main role of a patent is to grant inventors exclusive rights to their inventions, preventing unauthorised use, sale, or distribution.

6. What are the pros and cons of a patent?

Patents have advantages and disadvantages. They promote innovation by granting exclusive rights and financial opportunities to inventors. However, they can also create monopolies that hinder competition and slow innovation. The overall impact of patents depends on their application and enforcement.

7. Why are patents used?

Patents protect inventions and grant inventors exclusive control, incentivizing investment in innovation. They also promote knowledge dissemination by requiring inventors to disclose detailed information about their creations.

8. Do patents expire?

Yes, patents expire after a specific duration: utility and plant patents last for 20 years, while design patents last for 15 years. Once expired, the invention enters the public domain, allowing others to use it freely.

9. What does a patent protect?

A patent prevents others from making, using, selling, or importing an invention without consent, covering various inventions like methods, materials, and designs.