Guide to Protecting Your Innovation Through Patent Law

Mar 182024

A patent is a privilege granted to the inventor to stop others from creating, using, or selling their invention for a specific period of time. Patents can also be obtained for further development of its original concept. The main reason for supporting patent legislation is to encourage inventors to contribute more to their field by giving their ideas unique rights. In common language, patenting refers to the right granted to an inventor to develop any novel, practical, and non-obvious approach in a machine, a manufactured good, or a chemical composition. Patent attorney India is the granting authority of Patents

Types of Patents

There are basically three types of Patents usually issued by most of the countries and it is up to you which patent suits your business and your ideas. The filing process for all three patents is slightly different and so are the fee structures. The three patents are discussed in brief below:

Design Patents

Design Patents as the name suggests, protects the design and appearance of your products thus preventing its illegal selling, manufacturing and usage. The patent is obviously done for its looks and aesthetics and not for its functions.

Plant Patents

Plant Patents are done for the unique species of plants which are discovered and are asexually reproduced. It is very difficult to get patents for Plants as the discoveries of the plants are extremely rare. The strict rule for the Plant Patent is that it should have a minimum lifespan of 20 years or more.

Utility Patents

If you want to protect the utility or functional aspects of your invention, you must go with the Utility Patent. 90% of firms who go for patenting, go for Utility Patents and no wonder why it is the most common type of Patents in use. Although the definitions are broad, Utility patents cover process, methods, compositions, and anything that is manufactured and has a specific and useful function.

Patent application process

There are 4 basic steps to apply for a patent which are:

Locate a patent form, carefully read all instructions, then send in the completed form.

Await the examination of your patent application, which may take several months or even years.

Answer any questions or concerns raised (it is common for a patent application to be denied on the first try).

There is an issue fee that you must pay if your patent application is approved.

Make sure you know what kind of patent you require (plant, utility, or design) before submitting your application, and find out if it already exists by doing a novelty search. You can find out what, if any, adjustments your invention needs to make in order to be eligible for a patent by first doing a novelty search. Examine fees, textual descriptions, and drawings for your patent application. After you pay the required amount and your patent application is approved, it will be published four to six weeks later.

What happens after your patent has been issued?

After your patent has been issued , it is no longer regarded as “pending.” A patent number will be issued to you, confirming that the invention is formally registered and cannot be made or sold without your consent. Consult a patent attorney in India if you think someone has violated your patent rights. Sometimes filing a lawsuit for patent infringement is the wisest line of action, even though negotiating a licence would be advantageous to you. Patents have a limited lifespan. You may have to pay maintenance costs in order to keep your patent protected, depending on the type of patent.