Filing patent applications has become more commonplace in India as a direct result of the increased awareness surrounding intellectual property rights and the Startup India Action Plan.
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A patent is an exclusive right granted to the owner or inventor of an invention to manufacture, use, modify, sell, offer for sale, or import newly invented articles or processes after the invention has been subjected to the prescribed criteria of a search for patentability. A patent extends ownership rights for a period of twenty years.
The owner of an invention that has been granted a patent has the legal right to prevent others from independently inventing, using, importing, or selling the invention without first obtaining their permission. An exhaustive study is conducted before the granting of such a right in order to determine whether the method or product in question is one of a kind, innovative (in the sense that it had not been anticipated in any previous public document), and pertinent to the industrial sector (possesses utility). It entails searching the database of India's intellectual property
authority for an item or innovation that is either identical to the applicant's work or is comparable to it in some way.
An applicant is required to perform a patent search prior to filing a patent application in order to determine whether or not his invention is already protected by another patent. The determination of whether or not an invention is patentable involves making an estimate of the breadth of protection that will be offered by the patent office.
Appointing professionals to carry out the patent search is always recommended as the best course of action. The outcomes of the patent search have a significant impact on the scope of patent protection. In the event that an applicant discovers prior arts that are comparable to his invention, the scope of protection will be reduced.
The search engine's goal is to bring to light as many similar creations as possible. Therefore, the distinctiveness of the invention is where the value of patent searching would lie. The search result also helps in forming a basis for the cost expenditure that an applicant is about to invest in his invention. This is because the search result contains relevant information.
The results of a patent search are beneficial to a patent attorney when they are drafting a patent application while taking prior arts into consideration. If he discovers a particular prior art that is comparable to the references included in the applicant's patent description, he will be able to differentiate it from other prior art. As a result, a wider range of activities can qualify for patent protection.
It is possible to refer to the search for a patent as the "foundation pillar of the entire patent process." Even though it may cost money, conducting a patent search is money well spent because it guarantees patent protection. The patent search needs to begin with specific keywords in order to get the best possible results.
When conducting a search for a patent in India, one of the primary objectives is to determine whether or not the applicant's proposed invention is patentable. In addition to this, the applicant would have some idea as to whether or not his invention is patentable. The applicant would benefit from having a better understanding of the concept of prior art if the patent search was carried out in India. The applicant would benefit from such documentation and search in terms of the drafting process.
The completion of this search would also result in a definitive and all-encompassing comprehension of what is meant by the term "prior art." Additionally, the applicant would receive valid feedback regarding whether or not the application is patentable. Due to the fact that the patent search is intended to be seen by the general public, the applicant is guaranteed to obtain some kind of commercial lead when conducting the patent search. The primary objective of producing prior art in any form is to derive some form of commercial value from the process of searching for patents.
Application for a patent in Form 1 with evidence from the inventor of their legal right to do so. An endorsement at the end of the application or a separate agreement attached to the patent application can serve as proof of right.
If complete specifications are not available, provisional specifications. Within a year of the provisional specification's filing, complete the specification in Form-2.
Statement and undertaking in Form 3 pursuant to Section 8, as appropriate. In addition to the application, Form 3 must be submitted within six months of the application date.
For applications with a complete specification, a convention application, or a PCT application designating India, the declaration of inventorship in Form 5 is required.
If a request is made to the Controller in Form-4, Form-5, or a Declaration as to Inventorship, may be filed within one month of the date the application was filed.
If a patent application is being filed by a Patent Agent, the power of attorney is in Form-26. If there is a general power of authority, the patent agent or patent attorney may file a self-attested copy of it.
YES. You can do a preliminary search of your invention on the internet. However, it is always advisable to take consultation of professionals. As a disclaimer performing patent searches, whether through internet search engines or other databases requires the use of keyword searching, which is an art that takes a lot of experience to do well. As such result and accuracy will vary with the experience of the searcher.
Every prior publication puts an invention at risk of being declined as a patent. Each and every information available in public domain in any form is considered as prior art. The patent search reports may also include web pages, scientific articles, products, etc.
If the idea of the invention is already patented, one can review the granted patent and identify the scope of improvement to have improved invention which can be patentable in light of patented invention. Thus, Patent Search helps to modify the patent idea and make it patentable.
Filing an application in India enables the applicant to file a corresponding application for the same invention in other countries, within or before the expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his/her invention in those countries. However, there is no patent that is valid worldwide.
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