Procedure to Obtain Patents in India
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The document outlines the procedure for protecting intellectual property through patents in India, emphasizing the significance of acquiring legal rights to safeguard innovations and ideas from unauthorized use. It details the eligibility criteria for patents, the types of intellectual property, and the step-by-step process for patent registration. The importance of intellectual property rights as valuable business assets is highlighted, showing how they can prevent competition and support revenue generation.
Procedure to Obtain Patents in India
- 1. PROCEDURE TO PROTECT INTELLECTUALITY BY OBTAINING PATENTS IN INDIA Dr. M. N. Survase, Assistant Professor, Hon. Shri Annasaheb Dange ACS College, Hatkanangale,
- 2. Abstract • The IPR protects your innovations and ideas related rights and from infringement by others and restricts its uses, making and selling without your permissions. This presentation aims to explore the significance of intellectual property rights and to know the procedure to obtain patents in India. For that, the data and information is collected from news papers, articles, magazines, internet websites, and expert interviews. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions. The invention which meets the novelty, non- obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s with proper application and details justifications with fallow up and clearing the objections are eligible to grants the patents.
- 3. Introduction • Intellectual property deals with the various innovations and ideas of the person or the organization. It is essential and key factor in the personal or commercial uses. It consist various aspects such as logos, corporate identity of products, processes and services. The intellectual property thefts have increased with enormous duplicating the products and services without proper permissions in commercial areas. With the considerations of these things, the lot of companies and producers facing the business risks and unauthorised uses of ideas, designs, products and services. It creates the need of protect the intellectual property with legal authority of owners for the protection of its ideas and product with long term business viability.
- 4. • The great ideas about the products or services have lot of chances of duplications. The intellectual property rights can helps protecting with the patents, trademarks and copyrights. It will be help us to prevent the uses from competitors to use your ideas for their own business or economic profit without your legal consent and authorizations. • It is very important to protect any unique product or services form the uses of competitors for the protection of market share and business growth and to avoid revenues. If we lost the ideas and services about the products and services without obtaining intellectual property rights it may be harmful or can be become the cause of business destructions. It is our own responsibility to protect the intellectual property assets with proper rights. The obtaining intellectual property right may be considered as an overwhelming process but is easier than you think. It is difficult and time consuming but the protection of IP is well worth for the business.
- 5. What is intellectual property? • The creations of mind, such as inventions, literature and artistic works, designs, symbols, images and terms used in research, business and commerce is known as a Intellectual property. The term of Intellectual property (IP) is used for the intangible asset that doesn’t exist in a physical object but has a economic values. It includes innovative ideas, concepts, designs, software, inventions, trade secrets, formulas and brand names, artistic works like music and literature, discoveries, process and services.
- 6. What is intellectual property right? • Intellectual property rights refer to the legal ownership of IP by a person or business of an invention, discovery related to the particular product or processes for the protection of the owner against unauthorized copying or imitations.
- 7. What is the importance of protecting intellectual property? • The IP (Intellectual property) are the valuable assets for the business and vital because it can protect your business from your competitors. It can provide the licensing and revenue for the business. It helps and protects the innovative research and encourage for the betterment business. It helps in marketing and branding the product. It provides the security for loans and many more lot of aspects of your business. It protects your rights against infringement by others and restricts its uses, making and selling without your permissions. It helps to earn royalties by licensing and making money by selling it.
- 8. Types of intellectual property • Copyright: It is a legal rights provided to creators for perform, print, publish, record literary, artistic, or musical materials for its uses and distributions (Wikipedia). • Patents: It is the exclusive rights granted by a government authority to an originator to manufacture, use, or sell an invention and prohibit others from making, using, or selling an invention for a certain number of years. • Trademarks: It is a symbol, word, or words registered legally or established by use as to represent a company or product. • Industrial designs: It is the art or practice of designing object for manufacturing consisting aesthetic aspects and three-dimensional features like shape, surface, patterns, lines, colours or two- dimensional features of objects. • Geographical indications: It is a name or sign used on products which corresponds to a specific geographical location or origin having specific qualities, reputation or characteristics (WIPO).
- 9. Protecting intellectual property with Patents • Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions for a limited period of time (approximately 20 years). The patent holder legally excludes others from his invention and its commercial uses.
- 10. Patentable subject matter as per guidelines of CGPDT India • Any article, apparatus or machinery or its component • Any , substance whether living or non living, product, pharmaceutical product • Any composition of matter, pharmaceutical products • Any process, manner or art of manufacturing other than essential biological process
- 11. Conditions to be patentable • Novelty: Patenting should have the new inventions or satisfactory improvement in old patents. The information should be disclosed to public and available in prior • Inventiveness: Patenting should be inventive and decided on the matter contained in simple or complex unpublished aspects relates to a Processor Product or both. • Usefulness: An invention must possess utility for the grant of patent means it should be capable of used in any kind of industry.
- 12. Where to Apply? • For the patent we should apply online or offline at the respected patent office. The place of applicant residence or place of inventions determines the address of territorial jurisdiction. For detail guidelines and online application visit http://www.ipindia.nic.in/ for online filing of patent visit • https://ipindiaonline.gov.in/epatentfiling/goforlogin/dologin Sr. No. Patent office Territorial Jurisdiction 1 Mumbai Gujarat, Maharashtra, MP, Goa, UT’s daman & Diu, Dadra & Nagar Haveli 2 Delhi Haryana, HP, J&K, Punjab, Rajasthan, UP, NC Delhi, 3 Chennai AP, Kerala, Telangana, TN, PY, Lakdives 4 Kolkata (Head office) Rest of India (Source: http://www.ipindia.nic.in/writereaddata/images/pdf/oatent-office-procedures.pdf)
- 13. Procedure for patent registration in India
- 14. 1. Detail and proper writings of invention or concept • The innovation or concept should be write details and proper with specific information about the area of innovation, nature, significance and advantages. Provide the lab record with dates and signed by respected authority during the research and development phase. Include the designs, drawings and diagrams for the better explanation of the working of inventions.
- 15. 2. Search and check the patentability of invention • Find the criteria’s of patentability and confirm that the eligibility of inventions meets the guidelines and patent act of India. Confirm that isn’t your thought as a novel might be already patented or public aware in some or other form of information. The inventions should meet the novelty, non-obviousness, usefulness in the industry, enabled etc criteria. As per Indian patent act the selected inventions those fulfilling patentable criteria’s only grant the patents and excluded others. It will helps us to decide whether to go ahead or not for patent.
- 16. 3. Drafting patent application and submission • It is better to provisional application in the early stage of research and development. It helps us to securing filing date, time span and reduces the cost. It is an optional process. If you have complete information about invention then directly go for final application with detail specifications. Confirm that complete set of required documents with experimental and prototype results to prove your steps in inventions with complete specifications.
- 17. Steps
- 18. 4. Publication of application • After the final submissions of complete application, the application published after 18 months. The early publication will be made with prescribed fees if you don’t wait for 18 months. The early publication will be made within a month from the date of request.
- 19. 5. Invention examination • The patent application will be examined only after receive the request to controller and it examined at different patentability criteria like patentable subject matter, novelty, non-obviousness, inventive step, industrial application and enabling. The patent prosecution reports will be made by examiner with the reviews of application and inventions contains prior arts and similar to claimed invention and submitted to controller.
- 20. 6. Respond and clearing the objections • Some objections rose by the authority with the analysing the examination report. Inventor should communicate and resolve wisely with the justifications of novelty over the prior art. The inventor sends their responses and tries to prove that your invention is indeed patentable and satisfy all criteria’s of patentability. If the inventor enabled to resolve all raised objections the patent will be grant otherwise not.
- 21. 7. Grant of patent • The patent will be grant as early as possible when it meets all essential criteria’s and patentability requirements. It will be noticed through the journal published by controlling authority
- 22. Conclusions • The IP (Intellectual property) are the valuable assets and it helps and protects the innovative research and encourage the betterment business and research. The IPR can be protected with patents, trademarks, copyrights, Industrial Designs and Geographical Indications. It protects your rights against infringement by others and restricts its uses, making and selling without your permissions. It helps to earn revenue and royalties by licensing and making money by selling it. Protecting intellectual property with patents provides the exclusive rights by law to the assignees or originator to make use of and exploit their inventions.
- 23. Conclusions ... • The invention which meets the novelty, non-obviousness, usefulness in the industry, enabled etc criteria’s as per Indian patent act and fulfilling patentable criteria’s grants the patents. With the following some steps we can obtain the patents in India. These steps include; detail and proper writings of invention or concept, search and check the patentability of an invention, drafting the patent application and submission, publication of an application, examination of the invention, respond and clearing the objections and finally you are eligible for a grant the patent.
- 24. References • Controller General, PDT, http://www.ipindia.nic.in/ • Controller General, PDT, Ministry of Commerce and industry, Gov of India, http://www.ipindia.nic.in/writereaddata/images/pdf/oatent-office-procedures.pdf • Wikipedia, https://en.wikipedia.org/wiki/Copyright • WIPO, http://www.wipo.int/geo_indications/en/ Thanks...