A patent is a legal protection that permits its holder, for a limited period, the right to exclude others from misusing (making, using, selling, importing) the patented invention, except with the agreement of the owner of the patent.
A patent is a form of 'industrial property', which can be assigned, transferred, licensed or used by the owner.
Patents are territorial in effect e.g., an Indian patent is only valid in India.
Indian patents, in common with most jurisdictions, have a maximum lifespan of twenty years. To maintain a patent in force, a small annual renewal fee must be paid each year from the third year.
Patent Pending is often used to alert competitors that an application has already been made to protect the invention .It also describes an application that has been filed with the patent office but has not allotted as a patent. Patent pending protects the inventor, but whether a patent will be even issued, is still undetermined.
Only an inventor can apply for a patent. In case if there are two or more than two people participating in the creation of an invention, as per law, all participants have to apply for a patent as a joint inventor. If a person is making only a financial contribution to an invention, he/she can't be named as a joint inventor.
There are different types of patents, but the two following patents are the type entrepreneurs use most often:
It gives protection on appearance or ornamental design of your invention
To receive a design patent, your invention must pass these tests:
It must have a new, original and ornamental design.
The novel features of your design must not be obvious.
It protects the function or method of one’s invention.
To obtain a utility patent, the invention must pass four tests:
Statutory-class test. Your invention must be a process, a machine, manufacture, composition or a "new use" of any one or more of these taxonomies.
Utility test. Your invention must solve a purpose and considered as useful.
Novelty test. Your invention has a unique feature that sets it apart from any previous inventions in the same field.
Non obviousness test. Your invention's novelty must not be common to someone who has usual skill in the area of your invention. For example, if your invention is a computer chip, the uniqueness of its features must not be similar to another computer chip performing the same task.
Patents may be granted for inventions in any field of technology, from a small daily use product to quantum computing technology. An invention can be a product or can be a process.
o Photo ID Proof of Owner (Aadhar card | Arms License | Department Id | Driving License | Freed Fighter id card | Pan Card | Passbook | Passport | Ration Card | Voter id card)
o Address Proof ( Aadhar card | Arms License | Department ID | Driving License | Freedom Fighter ID Card | Pan Card |Passbook | Passport | Ration Card | Voter id card)
o Incase of Company : Certificate of Incorporation and Address proof is required (MOA | Company Incorporation Documents | Partnership Deed | GST Certificate)
o Provisional specifications ( If complete specifications are not available.)
o Declaration (Declaration as to inventorship for applications with complete specification or a convention application. )
o Authority Letter (If patent application is being filed by a Patent Consultant)
o The Application form should also indicate clearly the source of geographical origin of any biological material used in the specification.
o All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with date and name.
A patent gives you the legal right to stop others from copying, selling, manufacturing, or importing your invention without your prior permission/consent.
Protection for a period of 20 years
You can use your invention yourself and generate revenue or royalty.
You can license your patent for others to sell, use or transfer. This can provide an important source of revenue for your business. There are few businesses exist solely to collect the royalties from a patent they have been licensed.
If above benefits satisfy your requirement, then patent registration is mandatory for you to protect your invention.
1. Connect with Corpseed Team
2. We'll collect all your documents and file them directly with the authority
3. You'll receive your completed Patent certificate
Step 1: - Patentability search
Step 2: - After Patentability search, next step is to draft a patent application.
Step 3: - Once done with patent application drafting, it’s time for Filing the patent application with IP India
Step 4: - Publication of patent application.
Step 5: - Examination/Review of the patent application has to be done by IP India before finally granting the patent.
Step 6: - Once done with all above steps and examinations, the patent will be granted and published in the patent gazette.
Copyright last for 20 years after the death of the creator.
Copyright is for Content wherein a patent is for an invention.
Yes. A patent can be sold and transferred.
You can send a legal notice to the person or entity using your Patent. But if no action is taken from the second party then you can file a case and sue the other party in court.
A Patent registered in India is valid in India. However, you can use this as evidence before any government to prove that you were using the patent first.
A trademark is to protect the brand name, its Logo or Slogan. A patent is to protect an invention.