About Patents

THE BASICS OF PATENT

A patent is a right that is granted for any substance, device, method or process that is novel, useful and inventive. It is a grant by the government of a country of an exclusive right for a specific term to prevent others from using your invention. In most countries, including India, the term is 20 years.

Getting a patent for your invention is a complex legal process. You need expert help from a patent attorney to give you the best chance of securing good protection for your invention.

PATENTING PROCESS

1. SEARCHING

This involves checking the patentability of the invention by performing a search for similar technologies.

2. FILING A PROVISIONAL APPLICATION

Once, you have made the decision to go forward with the patent application process, based on the state of the invention, you need to file a provisional patent application.

3. FILING A COMPLETE SPECIFICATION

The next step is to file the patent application in India and secure the filing date. In case you are filing a provisional application first, you need to file the complete application within 12 months from the provisional filing date.

4. EXAMINATION

During the examination process your patent application will finally be examined on its merits as described and claimed in the patent specification.

5. GRANT AND RENEWAL

Once, the patent application overcomes all the objections, the patent will be granted and published in the patent gazette. The patent has to be renewed every year by paying the renewal fee after the initial grant.