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Introduction:
Let us start this topic with few questions which may come to your mind when you come up with an idea or invention or new product or process. For example, can I Patent an idea? or can I Patent an invention? or can I Patent a product or process? These are few questions that may come to your mind to protect your creations. As you may know that Patent is a tool that can protect your creation from being copied by others. It gives you complete control over your invention and stop others from making, selling, using, offering to sell, etc.
Now, you may think that answers to the above questions should be simple. It should be either “yes” or “no”, but that is not the case. Correct answers depend on the requirements given under the Patent Law. If you fulfil such requirements, then “yes” you may get a Patent for an idea or an invention or a product or a process.
Suppose you come up with a new idea and it is a Patentable subject matter. Meaning, if your new idea is solving some problem and it can be technically implemented, then you may apply for a Patent before the Patent office. If the Patent Office finds that the applied idea fulfils the requirements given under the Law, then you may get Patent for the idea or a product or an invention or a process. The Patent Office may not grant Patent for an idea or an invention or a product or a process if is not fulfilling the given requirements under the Law.
Now, let us understand the requirements of Patent in a simple way. In India, the Indian Patents Act provides the requirements to get a Patent.
It defines the word “Patent”. It says that one can get a Patent for any “Invention” granted under the Indian Patents Act. Hence, we need to first understand the definition of “Invention” given under the law. It says that an “Invention” means a new product or a new process involving an “Inventive Step” and being “Capable of Industrial Application”.
Now, we also need to understand the definition of “Inventive Step” given under the law. It says that an “Inventive Step” means a feature of an invention that involves technical advancement as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.
Now, to complete the definition of the invention, we also need to understand the definition of being “Capable of Industrial Application” given under the law which says that the invention should be capable of being made or used in the industry.
Another important requirement for Patent an idea or Patent an invention or Patent a product or a process is the concept of “new invention”. The law says that “new invention” means, any invention which is not known to the public before one files a Patent. It should not be published or known in any document. It should not be used in the country or elsewhere in the world.
In addition to the above-discussed requirements, the Act has also given few areas which are not Patentable subject matter. One can go through those given areas before starting the Patent process in India. One can check if his/her idea or product or invention or process is falling under those given areas or not. If it is falling under those given areas, then he/she may not get the Patent. They may check other forms of intellectual property for the protection.
India’s Patent process can be divided into two requirements. One is a technical requirement, and the other is procedural requirements to Patent an idea or Patent an invention or Patent a product or Patent a process. Please find below steps one may choose to Patent an invention:
First step: One needs to prepare the Patent specification. It is a document which explains the invention. It includes claims, background, the title of the invention, drawings, description, working etc. This is the most important document which needs to be filed with the Patent Office along with other forms and Government fees. It should be prepared carefully as per the Patent Law.
Second step: One needs to prepare the required forms and documents. It should be filed with the Indian Patent Office along with the Government fees.
Third step: The Patent office publishes the filed Patent application on the official journal after the prescribed time.
Fourth step: The Patent office examines the filed Patent application and issues the examination report if required. Now, when you receive the examination report for your filed Patent application from the Indian Patent Office, a reply need be filed. After completion of the examination process, the Indian Patent office gives its decision on the filed Patent application. In the decision, the Patent Office may grant or reject the filed Patent application.
Above are the general information discussed on Patent an idea or Patent a product or Patent a process or Patent an invention.
From the above discussion, one can understand that Patent an invention is a difficult task. It requires technical and Patent law knowledge. Therefore, to avoid it, one can take help from Patent experts for the Patent process. They can help you with writing the Patent application and with the process in a smooth manner.
IPExcel is a specialised Technology Research and Consulting Organization. It provides Intellectual Property (IP) related services. We have a strong technical and legal team from different technical domains. They can help you with the services related to all kinds of IP related matters including the Patent process in India as well as in other countries.
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