Can You Patent an Idea: Everything You Need to Know

 

Think about the possibility of coming up with an innovative application idea. Then you start building the application. Now that your idea is a reality, it works! While this invention is exciting, there is a fear that it may be copied. Patents can be filed for inventions to protect them from copying and get ownership rights. Listed below is a step-by-step guide to filing a patent. There are some patent companies that help you with this.

 


What Is a Patent?

Intellectual property is protected by patents. Patent service rights are granted for 20 years by the government. Patents are not granted to all ideas, however. A provisional patent application can be filed if the idea is capable of becoming an idea for invention

An invention or creation can only be used by its owner with the permission of the government granted through a patent. In essence, it encourages the safeguarding of one's ideas and inventions. 

 

Requirements to Obtain a Patent

It is essential to know the criteria to obtain a patent idea before you start the patent registration process. The work should be unique as well as involve a new process. Criteria for eligibility include:

Novelty

For patent rights to be obtained and the patent registration process to be completed seamlessly, the invention must be unique. Compared to the existing works, the work should be unique. 

Non-obviousness

There should be something unique about the idea. One shouldn't be able to predict it easily. An inventive step is required to complete a patent application according to the Patent Act 1970. 

Industrial applications

A practical application must be found for inventing an idea. They must be useful and clear. Its applications and purposes must also be industrial. 

 

Registration of patents in India

Gather ideas and concepts

Give a detailed description of the idea and invention show. Prepare a list of information about your ideas, including:

  • Invention area/industry
  • The convention's purpose and workings, along with its description
  • A description of the invention's advantages and disadvantages, and its potential industrial applications
  • For more information: https://ipindia.gov.in/form-and-fees.htm

The work details would be available to you if you worked towards this before the research and development phase. Patent registration relies heavily on this step.

Make visual illustrations

Patent applications should include drawings and designs of a working model. A clearer picture of the invention is provided by this.

Make sure the invention qualifies for patentability.

It is not possible to patent every invention. Inventions cannot be patented under several categories under the Indian Patent Act.

Patentability criteria

Verify whether the invention prototype meets all the criteria for a patent mentioned above. A few of them are:

  • Novelty
  • Non-obviousness
  • Industrial applications

The patent search process requires research and formulation of a patentability report. A decision can then be made as to whether to proceed with patent registration. Patent applications are made easier and more efficient with the aid of the appropriate patentability report.

Applying for a patent

A provisional application or a complete specification can be filed during the patent application process. If your invention is a work in progress that can be completed within 12 months, you can file a provisional application. If your invention idea is complete, you can apply for a complete Patent.

Application publication

A patent application is finally published 18 months after it has been filed. By making special requests, it is possible to publish the application earlier.

Examination request

The patent application is approved once it has been received by the controller.

Obtaining a patent requires this step to be completed at the end. Examiners carefully review applications based on several criteria.

Clearing all objections and responding to them

A patentability report and examination will determine whether or not objections will be raised. As a result, the patent process can be completed and the inventor's invention can be clarified.

Patent grant

Last but not least, the patent must be granted. A patent is granted once all patent requirements have been met. Patent journals publish the patent grant afterward.

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