To say in simple terms, a Patent is a type of Intellectual Property. A Patent is granted by the State to promote the growth of the economy through innovation. The rights that are provided to patent holders are exclusive and for a limited period of 20 years. This is all you need to know about Patent Nedir.
But the main question arises as Patent Nasil Alinir. This is a very critical question in every industry where innovations are commercially leveraged.
The benefits that come with holding a Patent
- You can exclusively owe the invention for a specific period of 20 years.
- You can utilize this patent to build a business.
- If you hold a patent, you can sell the patent to any other company in the future.
- You can prohibit others from using, selling, and importing your invention in the country where patent protection is granted.
- Moreover, if your business holds commercially viable patents, it can enjoy a competitive advantage in the market.
Patent Nasil Alinir
Step 1: Be Well-Acquainted with the Subject Matter
Here, you should note that all inventions are not patentable. So, you need to carefully go through the Indian Patent Act. This is to make sure that your invention bypasses the list of exceptions.
Step 2: Patentability Criteria and other checks
The next step is to check whether the invention meets all the criteria as per the rules under the Patents Act, 1970. Ensure that your invention:
- Has industrial application
- Is non-obviousness
- Is enabling
- It falls under the definition of novel
You should also engage patent experts to perform extensive research on the patentability of an invention or idea. It is only after you receive professional advice from the experts that you should decide whether or not to pursue your patent application.
Step 3: Curate your invention extensively
The most crucial points that should be addressed in the written document include:
- Description of the innovation
- Field of Innovation
- Working on the innovation
- Utility of the invention
The documents from the research and development phase must also be furnished after they are duly signed along with the date by the competent authority and you.
Step 4: Explain your invention through Diagrams
You can enhance the utility of the invention through diagrams. You should explain the working of the invention through diagrams. This is mainly because visual presentation significantly increases the chances of getting the patent granted in your name.
Step 5: Fill out the Patent Application
As you continue your reading as Patent NasilAlinir, the fifth step involves filing the patent application, in case the invention is in its very early stage of research and development. The advantages that filing a provisional application brings to the table include:
- Low-cost protection for 12 months, which can be used by investors to find investors.
- Protection of the filing date
- 12 months duration in order to furnish complete specifications.
Step 6: Publish the application
Once you are done with submitting the application, it will be published after 18 months of first filing. However, you can request for an early publication by paying the stated fees. Furthermore, it will take around 1 month to publish after the early publication request has been successfully registered.
Step 7: Examination Stage
The next step is to request the authorities to properly examine the application. Once the examination request is received, the patent application is forwarded to a patent examiner by the controller who scrutinizes the application by following certain criteria such as:
- Inventive Step
- Patentable Subject Matter
- Industrial Application
Step 8: Objection Clarification
Based on the examination report, most of the patent applications will be flagged for some sort of objection. But, how to resolve this hurdle? Well, the best way to recheck the documents submitted and go through with the examination report is with the help of an IP professional. Thereafter, all you need to do is to draft a response to the objections and send them to the respective authorities.
Step 9: Communication with Authorities
In the penultimate step of Patent Nasil Alinir, the applicant is required to communicate with the controller and thereby ensure that all objections in the patent applications are resolved and he/she gets a good opportunity to justify his stance. Once all the objections are resolved, the patent will be granted to the applicant as early as possible.
Step 10: Grant of Patent
As soon as the application meets all of the requirements specified by the authorities, it will be considered for the Grant. The patent grant is also documented in the patent journal which is published on a regular basis.