What Are the Next Steps After Receiving Your Patent Grant?

Jan 132025

A patent is a statutory right for an invention that the government grants to the patent holder for a specified period in return for complete disclosure of his creation and the prohibition of others from producing, importing, selling, or using the patented product or process for doing so without his permission. Patents can be taken on the inventions from patent attorneys in India and all issued patents have a 20-year term from the date of application filing. The patent term, however, will be 20 years from the international filing date granted under the Patent Cooperation Treaty (PCT) for applications submitted during the national phase.

Patent Prosecution

A person or business that wishes to obtain the right to use their idea or product files an application for a patent. Filing a provisional or non-provisional application is the first step in the patent application process. Currently, neither correct patent writing nor proper claim format are followed in the provisional application. A provisional application is meant to inform the examiner that the inventor has a creative concept. The inventor has a year, or 12 months, to work on the invention, claims, drafting, and non-provisional application filing process after submitting a provisional application.

A descriptive type of provisional application that includes a thorough explanation of the invention and at least one claim that defines the extent of protection is known as a non-provisional document.

Patent during examination phase

The applicant is expected to wait after filing a patent application. The test may not start for 18 to 24 months or longer. The patent office examines the fundamental elements of the application, such as adherence to the drawings and the completion of formal documentation, before submitting the non-provisional application to the examiner. The examiner will conduct its own prior art searches while reviewing the application and issue an official decision indicating whether or not your innovation is accepted.

After phase of the patent grant

The patent office examiners decide that a patent is “allowed” when the application satisfies the requirements of innovation, non-obviousness, practicality, and usefulness. The applicants are informed of this certification and that, provided specific fees are paid and the inventors or assignees complete the necessary paperwork, the patent office is prepared to grant the patent. The issue fee must be paid by the applicant within three months of the patent being granted.

The patent status is no longer pending after it is approved. The applicant’s approval is required before the invention can be manufactured or sold. Instead of using “patent pending,” the applicant should mark a patented invention with “patented” and the patent number.

At intervals of 3.5, 7.5, and 11.5 years, a fee—also known as a “maintenance fee” or “renewal fee”—must be paid to keep a patent or patent application in effect. In order for the market to be aware of the patented goods, the inventor or assignee might brand their items with the patent number once it has been approved. The defense of innocent infringers is also eliminated by this move.

Conclusion

The applicant is entitled to stop others from using the claimed invention for profit once the patent has been approved. In other words, without the applicant’s permission, a specific innovation or product cannot be used, imported, sold, or produced commercially by others. Additionally, investors seek out possibilities and attempt to put their money into businesses whose discoveries or goods are patented. As a result, patents show how valuable businesses are in the sector and thus help the patentee to gain commercial gains from the patented innovation.

Categories : Patent attorneys in India

What Are the Next Steps After Receiving Your Patent Grant?