A patent gives its owner the right to prevent others from making, using, importing or selling his/her invention without approval. Before such a right is granted, a rigorous check is done on whether the process or product is inventive; or novel hasn’t been anticipated in any published document; and industrially applicable (possesses utility). It involves a search of the intellectual property regulator of India’s database, to check whether there exists an object or invention that is the same as or similar to the applicant’s invention.

Test Of Inventiveness

Before paying the government fees for a patent, it is sensible to do a search to test the inventiveness of the product or process. It’s the only way to know how likely it is for your patent to be granted. While you may be aware of a product’s commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.

Improves Approval Chances

If a patent has been granted to a product or process similar to yours, it could cause your application to be rejected. Hence, you should be able to frame your application to reflect on how yours is different.

You would need to send in all the details regarding the Patent Search, including uses of the invention, benefits over existing products or processes and its publication in a recognised journal, if any.

Patent Search

We dtljodhpur.com , legal professional will take up your request and conduct a thorough search of the database. The time it takes to conduct this search would depend on the scope of the invention, the industries it is applicable to and the number of similar existing products/processes. Once the Patent Search confirms that your product or process is innovative, you can begin filing the application.

• Minimal Information RequiredEven if an invention is at a conceptual frame, a provisional patent only requires to specify the title, designate the field of the invention, its nature, and potential use to file a provisional specification.Established Right EarlyThe provisional patent permits one to book his/her name against an invention, even before it is final. The patent is granted to the person who files it first, rather than the person who discovers it first.Assess Market PotentialThe provisional specification assists in reaching the market potential and your invention before taking the final plunge and filing a complete specification.

Follow the below steps to know the requirements of the provisional patent application:

• A written description of the invention.
• Any necessary illustrations of the invention
• The names of all the inventors.
• The filing fee.
• A cover sheet or electronic filing, identifying:
• The application is a provisional patent application.
• Inventor name
• Inventor residence
• Title of the invention
• Correspondence address
• Name and registration number of an attorney or agent and docket number if it is applicable.

Follow the below steps to know the requirements of the provisional patent application:

• A written description of the invention.
• Any necessary illustrations of the invention
• The names of all the inventors.
• The filing fee.
• A cover sheet or electronic filing, identifying:
  • The application is a provisional patent application.
  • Inventor name
  • Inventor residence
  • Title of the invention
  • Correspondence address
  • Name and registration number of an attorney or agent and docket number if it is applicable.

• Patent can be filed by any individual or business that wants to protect an invention. An invention can be a new product or a new process.
• 

Patents can be secured by following the below-mentioned steps:

The procedure for the grant of the patent begins with the

Step 1: Filing a patent application:

For patent filing in India, one of the most crucial aspects to consider is the preparation of patent specifications. The entire process of patent specification drafting is a skilled task that can only be done by experienced professionals.

Ideation: Here, you need to clearly pen down the idea or concept, clearly mentioning the key details about the invention and the desired patent.

Visualisation: Visualise your idea and elements like diagrams that explain more about the invention.

Verification and Patentability Search:The next step is to verify whether your invention is patentable as defined in the Indian Patent Act. Some inventions may not be patentable, and it is necessary they meet the patentability requirements such as:

• Novelty
• Non-obviousness
• Usefulness
• Patentable subject matter

You can also conduct a patent search with the help of our experts.

Drafting a patent application is an art in itself. Seeking the help of a patent professional will be a wise choice here. If you are in the initial stages of the research and development process, then it is best to file an optional preliminary application called provisional patent application.

Step 2: Preparation of patentability report: Authorized patent professionals or patent agents will then do an extensive research and prepare the patentability report, that contains the analyses based on the above-mentioned criteria.

A provisional patent application secures your date and work. This means that none of your competitors can file for a similar invention once you file for a provisional patent application.

• As India follows the first-to-file system, this ensures that the holder of the provisional patent would also be granted the permanent patent
• There is a buffer time of 12 months to further develop your invention and to specify the complete details. The application gets abandoned upon expiry of 12 months of the application
• The cost and resource involved for provisional patent application are less when compared to the permanent patent
• The provisional specification helps you assess the market potential of your invention before taking the final plunge and filing a complete specification.
• Once you are ready with your R&D and your invention’s detailed specifications, you can go in for a complete patent application.

Step 3: Publication of patent application: The application is then published after 18 months. A request to the early filing of application can be made along with a prescribed fee.

Please Note:

1. Patent Examination: would be a formal submission of a request for the patent examination that must be filed within 48 monthsfrom first filing the patent (provisional patent or complete patent). If failed to file within the time frame, per the Patent Act the application will be treated as withdrawn by the patent office. The examiner then conducts a comprehensive investigation and releases the first examination report called patent prosecution.
2. Patent objections:It is common that patent applicants receive objections, like “inconsistent or unclear claims”, “invention lacking novelty”, etc. Hence, it is mandatory to analyse the patent examination report and draft a proper response to the objections.

Grant of patent: Once all the patentability requirements are met, the patent grant notification will be published in the Patent Journal.

Patent can be filed by any individual or business that wants to protect an invention. An invention can be a new product or a new process.