What is patents ?
A patient for an invention is granted by the government to the applicant, giving the applicant the right for a limited period to stop others from making, sing or selling the invention without the permission of the applicant. Patents are territorial rights ; a India patent will only give the holder rights within the India and rights to stop others from importing the patented products into the India.
For what are patents granted ?
Patents are granted for inventions and are generally intended to cover products or process that possess or contain new functional or technical aspect. the vast majority of patents are granted for increments improvements in known technology.
How do i know my invention patentable?
To be patentable your invention must be new and involve an inventive step. Thus, the invention must never have been made public in any way, anywhere in the world, before the date on which an application for a patent is field. Thus, if you are thinking of applying for a patent you should not publicly disclose your invention before you file an application because this could be counted as prior publication of your invention.
An invention step is present if, when compared with what is already known, your invention would not be obvious to someone with a good knowledge and experience of the field in question, it can be difficult to assess whether an invention possesses the necessary invention step, but a patent attorney can advise you on this issue;
What rights dos a patent give ?
A patent lasts up to 20 years. from its filling date and gives the right to take legal action against others who might be infringing the patent to claim damages and to stop them using it in the future. It is not possible, however, to guarantee that a granted patent is valid. Anyone can apply for revocation of a patent on a variety of grounds.
Also, patents are negative rights; that is , the right extends to stopping anyone else from making, using or selling an invention. It dose not automatically confer on the patent owner the right to carry out his invention. Therefore anyone who is thinking of manufacturing a product or putting a process into operation should first check whether they could be stopped from so doing by an existing patent that is still legally enforceable.
How do i file patent application ?
The basis of india patent application is a legal document called a specification. its contents determine whether a patent can be grunted. You will be well advised to employ the services of a qualified patent attorney. who will have the necessary technical and legal skills to prepare the satisfaction.
The specification will contain a full description of the invention. It is absolutely vital that you put all the necessary information about the invention in the description.
The application would also normally comprise claims. These set out exactly what is to be covered by the patent and must be carefully drafted to maximise protection for an invention. Finally, the application may contain drawings to illustrate the invention.
Once the application text has been prepared, this is filled at the Indian patent office .
What Happens next ?
The India patent office then conducts a search of the application to determine whatever the invention is new. An examiner considers whether the subject matter is inventive and whether it is patentable (i.e. not excluded). There are often negotiations between the patent office and the applicant at this stage. The claims may need to be narrowed to ensure that they do not cover something already known . Assuming however that a novel and inventive claim set can be found, a patent will be issued. It will last for 20 years from the date on which it was filed, if all annual fees are paid.
Enforcing a Patent
Should a patent owner want to enforce his patent against another party, an application can be made to the court for an injunction against the party and damages sought for any losses sustained. Patent litigation can be very costly and many cases settle before sustentative court proceedings occur. It would be normal for a party who is being sued to counter-claim that the patent is not valid and not infringed. This can make litigation a complex and potentially length procedure. Trials take many months to come to court and, with the likelihood of an appeal, complicated cases can drag on for years. However for simpler cases enforcement is a realistic option - see the Enforcement section latter in this guide