Imagine you have invented a software-based game kit for kids. Initially, you were not sure if people would like the idea or not. But after about a year of launching it, you see the demand and love for it rising.
Suddenly, you worry that someone else will copy your idea and you will lose your identity. Well, sit back and relax because we have come a long way when it comes to safeguarding an individual’s right to his or her invention. You can establish sole ownership over your inventions by registering for a patent under Indian laws. Read this article to know this in detail.
Table of Contents
What is a Patent?
A patent is a legal document that is granted by the government of the state or the country, depending on the national rules. It gives an inventor of a particular thing the exclusive right to make, use, and sell his or her creation for a specified period.
The basic idea of this system is to encourage the inventors to safeguard their creations. Books, movies, and some artworks cannot be patented. However, one can protect these assets under copyright law. The law of patent is one branch of the larger legal field known as intellectual property, which also includes trademark and copyright law. You can read this guide to learn in detail about what is intellectual property?
Read More About: What is a Patent in India?
Who May Apply for a Patent?
Before learning how to obtain a patent in India, let’s go through who may apply it. In India, to obtain a patent, some qualifications must be met. Both individuals and entities, such as are eligible to apply for patents. The primary requirement is that the applicant must be the creator of the invention.
The concept of inventorship holds importance during the patent application process as it identifies those who contributed to inventing the product. Entrepreneurs driven by the mantra that “innovations fuel startups” play a role in seeking patents by creating goods or services. They must ensure their inventions meet the standards established by the Indian Patent Office and may seek guidance to safeguard their intellectual property rights effectively.
Research institutions also play a part in patent filings in protecting inventions stemming from funded research initiatives. These institutions might have guidelines on ownership and commercialization of discoveries made by their researchers.
Related Read: What are the Different Types of Startups and Their Examples?
What Inventions are Patentable?
For any asset or invention to qualify for a patent, it must meet three basic requirements:
- It must be novel and one of a kind: This means that the particular invention must be new, and there should not be any existential trace of it
- It must be unique in itself: An improvement in the current technology by an individual cannot be patented.
- It must be helpful too: It should add value to the life of the common man, and it must not benefit or support the use of illegal things or must not be used for any immoral purpose.
Some types of inventions (or discoveries), like Isaac Newton’s law of gravity or Albert Einstein’s formula for relativity, do not qualify for this. Simply put, no one can obtain a patent on a law of nature or any scientific principle.
What Inventions are Non-Patentable?
Even though the idea of a patent is to safeguard the maker’s creation, certain things do not qualify for this according to Indian law (sections 3 and 5 of the Indian Patents Act, 1970):
- Any method of agriculture or horticulture
- Any process under the bracket of medicinal, surgical, curative, or other treatment of human beings, animals, or plants
- An upgrade or discovery of anything that relates to atomic energy
- Discovery of a unique machine, apparatus, or process
Documents Required for Filing a Patent Application
Before getting into the procedure for obtaining a patent, let’s go through the essential documents needed during this process:
1. Patent Grant Application
The patent grant application is the initial step in the process of obtaining a patent in India. It serves as a formal request to the Indian Patent Office for granting a patent. To file this application, you need to provide the following information:
- Applicant details including name, address, and nationality
- Title of the invention
- Field of the invention
- Description of the invention
- Drawings (if applicable)
- Abstract of the invention
When submitting your application, remember to fill out Form 1 and pay the required fee. You can choose to submit it using the e-filing system or in person at the patent office.
2. Provisional or Complete Specification
Deciding between a provisional and complete specification is essential. A provisional one offers a description of your invention, while a complete specification covers all the details and claims. It’s recommended to start with a specification to secure a priority date.
Crafting a precise specification is essential for patent protection. Ensure it contains explanations and supporting evidence or data.
3. Statement and Pledge
The statement and pledge are declarations affirming your right to file a patent application. By stating your connection to the invention and confirming the accuracy of all provided information, you establish credibility.
To prepare this document correctly, you should clearly state your connection to the invention and declare that all information provided is genuine and complete.
4. Declaration of Inventorship
Identifying and acknowledging inventors accurately is crucial in the patent application process. Make sure all individuals who significantly contributed to creating innovation are recognised as inventors in the declaration.
5. Authorisation for Representation
The representation authorization allows an agent or attorney to represent the applicant in patent-related issues. Selecting a competent representative is essential for managing the application process.
To grant power of attorney, you need to execute a power of attorney document and submit it along with the patent application. Ensure that the authorised representative is well-versed in Indian patent laws and regulations. After reading the documents, now let’s understand how to get a patent in India.
How to Apply and File a Patent in India?
In India, the Patents Act is the central body dealing with the filing and regulation of existing and new patents. This Act suggests that either the inventor, his assignee, or one of his legal representatives (in case the inventor is deceased) can apply for one in the head office of the Indian Patent Office or the branches of the office, depending on the jurisdiction of the applicant.
In case the applicant is not an Indian citizen, he or she must apply in their respective jurisdiction (where the applicant’s address for service is located). You can check out this guide if you want to know how to Apply for a Trademark in India.
How to Apply for a Patent in India?
You can choose to apply for a patent all by yourself or get help from registered agents. When it comes to the cost of getting a patent, the following two elements come into the picture:
- Government fees for forms and renewals
- If you choose to have an agent, then the charges for the professional
It is always recommended to get a patent through a registered agent.
Here is the procedure on how to apply for patent in India:
STEP 1: Invention Disclosure
The first step is to disclose your invention to the professional. This is done by signing a non-disclosure agreement.
Pro-tip: It is recommended to submit each known fact about your invention. Do not hold anything back.
STEP 2: Patentability Search
Usually, a professional charges a fee (approximately INR 10,000 to INR 20,000) at this step. At this stage, your professional performs extensive research for prior evidence in all the possible databases. Further, he or she builds a patentability search report based on your invention.
STEP 3: Filing an Application for a Patent
This is where the actual process begins. After detailed research about (any) existing history of your invention, you can decide if you want to go ahead with the patent application filing.
Please note: Your invention must have an ‘inventive step’ as compared with existing prior art pieces to qualify for a patent. It must have either ‘technical advanced’ or ‘economically significant’ or both over any existing piece of art.
The step where you decide to go ahead with the filing process by writing an application is called patent drafting.
STEP 4: Patent Drafting
This is the fourth step in how to get a patent in India. For this, you can choose to draft the application on your own or take a professional’s help to do this. If you choose to get help, you might have to pay somewhere between INR 20,000 to INR 30,000.
Please note: This is one of the most crucial steps of the entire process. It requires both technical and legal understanding. If not drafted the right way, all the effort you put in gets wasted. Hence it’s a good idea to take professional help here.
STEP 5: Filing the Patent Application
It is one of the steps on how to file a patent application in India. After you are done reviewing your patent draft and are satisfied with the scope and details, you are ready to file for a patent.
You can file the patent application in a prescribed manner with appropriate forms with fees. You need to pay fees of INR 1,600 4,000 or 8,000 (based on the type of application) while submitting the patent application to the patent office. If you do not file a request for early publication, the patent application will be published on expiry of 18 months.
STEP 6: Request for Examination
This is the step where the applicant is required to request the Indian patent office to examine your patent application within 48 hours. Requests for examination fees range from INR 4,000 to INR 20,000 (based on the type of applicant).
STEP 7: Responding to Objections (if any)
The draft and the report submitted to the officers in the patent office are thoroughly examined at this step. At this step, there is a chance for the inventor to communicate his novelty or inventive step over any other piece of art found during the assessment. If all the things are well clarified and solved, the patent application is almost ready to come to action.
STEP 8: Grant of Patent
If the application meets all the prescribed requirements, it is placed in order for the grant. Usually, the final grant of the application is notified through a journal that is published.
STEP 9: Renewal of Your Patent
One of the last steps on how to obtain a patent in India is the renewal of your patent. Usually, a patent is in force for 20 years. On completion of 20 years, the owner is required to renew the patent by paying a small fee.
These were some important steps to be followed on how to apply for a patent in India.
Advantages of Getting a Patent for Your Business
1. Exclusive Rights
Securing a patent in India gives you ownership rights to produce, utilise and commercialise your invention for a defined period, 20 years from the submission date. This exclusivity safeguards your property from exploitation by others.
2. Market Differentiation
A patented product or procedure distinguishes your business from competitors, acting as a selling proposition. It highlights your creativity. Can appeal to customers seeking solutions.
3. Monopoly Power
Possessing a patent grants control over the use of your invention in the market, giving you an edge in determining prices and negotiating licensing deals.
4. Revenue Generation
Patents can serve as assets that contribute to revenue generation. You can generate income by licensing the technology to firms, establishing partnerships, or even selling the patent outright.
5. Investor Confidence
Patents boost investor and stakeholder confidence in your business. They showcase your dedication to innovation and offer reassurance by safeguarding your market position.
6. Legal Protection
A patent establishes a framework for protecting your property. In instances of infringement, you have the option to take measures to halt usage and seek compensation.
7. Incentive for Innovation
Providing inventors and businesses with the assurance that their creations will be safeguarded motivates them to invest time and resources in research and development, nurturing a culture of innovation within the company.
8. Strategic Advantage
Utilising patents strategically can help establish a market position by serving as barriers to entry. They make it harder for competitors to imitate your products or processes.
9. Global Protection
In today’s interconnected world of business, patents offer protection that extends beyond boundaries. Patent filings and collaboration agreements play a role in securing intellectual property rights across multiple countries.
10. Enhanced Business Valuation
Possessing a collection of granted patents enhances the value of your business. It showcases future revenue streams and also lays a solid foundation for sustained success.
11. Technology Transfer
Patents facilitate the transfer of technology by enabling businesses to share or license their innovations with others. This opens up opportunities for collaboration and beneficial partnerships.
Challenges of Getting a Patent for Your Business
1. Stringent Eligibility Criteria
Securing a patent in India demands meeting strict eligibility criteria. The invention must be unique, involve inventive steps, and demonstrate applicability. Fulfilling these standards can pose challenges for some types of inventions.
2. Lengthy Approval Process
The patent approval process in India can be time-consuming. Delays may occur during the examination and grant stages, impacting the overall time it takes to secure a patent.
3. Documentation and Technicalities
It is essential to have thorough documentation that meets all standards when filing for a patent. Insufficient documentation or not meeting criteria may result in rejection.
4. Competing Claims and Oppositions
External parties might oppose the grant of a patent while it is being processed. Resolving these challenges can be legally complex and can lead to delays or denial of the patent.
5. High Costs
The costs associated with filing and maintaining a patent in India can be significant, posing obstacles for businesses or startups navigating through the application process.
6. Lack of Awareness
A lack of awareness among businesses regarding the importance of patent protection and the nuances of the application procedure could result in missed opportunities to safeguard property.
7. Enforcement Challenges
Enforcing a granted patent can be challenging in India due to case backlogs within the system and lengthy legal proceedings
8. Limited International Recognition
While inventions are protected within India’s patent system, achieving recognition may necessitate applications in other jurisdictions. This requirement could create hurdles for companies seeking protection for their innovations.
9. Complex Patent Drafting
Crafting a written patent application that effectively describes an invention while meeting requirements can be pretty challenging. It’s vital to engage a patent attorney for a favourable outcome.
10. Rapid Technological Changes
In evolving industries, technological advancements may outpace the patent approval process. This can lead to patents becoming outdated even before they are officially granted or enforced.
Conclusion
When it comes to obtaining a patent in India, having an understanding of the process and requirements is crucial. Starting the application, researching intention, and following the necessary documentation are vital steps. Meeting criteria such as novelty, inventive step, and industrial applicability is vital for obtaining patent approval. Highlighting the importance of patent protection, it serves as a safeguard for intellectual property rights, promoting innovation and supporting research and development efforts.
Patent protection does not just shield inventors and innovators. It also plays an essential role in driving economic growth. It acts as a deterrent against unauthorised use, ensuring that creators benefit from their work. Moreover, patents encourage investment by giving businesses an advantage and fostering an environment of innovation. Securing a patent safeguards not only the invention but also lays the groundwork for long-term benefits, like market exclusivity and licensing opportunities.
In essence, the process of securing a patent in India goes beyond legalities; it’s a step that fosters innovation and safeguards the future success of intellectual pursuits.
Frequently Asked Questions (FAQs)
1. How much does a patent cost in India?
The total cost varies based on factors like the type of patent and the complexity of the invention. Generally, costs can range from ₹10,000 to ₹1,00,000 or more.
2. Can you file a patent yourself in India?
Certainly! You can file a patent application by yourself in India. However, it’s advisable to seek guidance from a patent attorney or agent due to the intricacies involved in the process.
3. Is it worth filing a patent in India?
Securing a patent in India offers many advantages. It grants protection for your invention, prevents use by others, and opens avenues for commercialising your innovative ideas.
4. Can you apply for a patent online in India?
Absolutely! The Indian Patent Office provides a platform where you can submit and monitor your patent application. This online system enhances convenience and efficiency by reducing paperwork and streamlining the application procedure.
5. How can you patent your idea for free?
Securing a patent without any expenses is not entirely possible. However, initiatives like Start Up India offer some concessions on fees for startups registered in India. If you want to get your Startup India registration done you can check this guide.
6. Who is eligible to file a patent?
In India, any individual or legal entity can submit a patent application. The applicant must be the inventor or hold the rightful claim to the invention. Additionally, multiple inventors can seek a patent collaboratively.
7. What are the risks of filing a patent?
Seeking a patent comes with its set of risks. The application process can be intricate and time-consuming. There is no assurance that your patent will be approved and competitors may challenge its validity.
