PROCEDURE OF FILING OF A PATENT APPLICATION by Vaibhav Sharma at Lexcliq

So, firstly we will discuss about Patent -so, it is a limited monopoly right conferred by the State in consideration of disclosure of the invention.

And we should Patent our inventions because-

  1. You own the invention for given time.
  2. You can use it to build a business.
  3. License it to existing businesses.
  4. You can also completely sell the patent to the other company.

Now we will discuss what is a Invention so it means a new product or process involving an inventive step and capable of industrial application.

We should also remember some information before Drafting like-

  1. what is Patentable and what is not
  2. prior art disclosure
  3. Is invention novel etc.

WHAT IS NOT PATENTABLE-

Inventions that cannot be patented are:

  • Contrary to well established natural laws
  • Contrary to morality or injurious to public health  or injuries  to environment
  • Scientific principle or abstract theory
  • New property or use of a known substance
  • Mere admixtures (as opposed in synergistic mixtures) and processes thereof
  • Mere arrangement  of known devices those are each functioning independently of one another in a known way
  • Method of agriculture or horticulture
  • Treatment of human being, animals including diagnostic methods
  • Plants and animals in whole or any part of them
  • Essentially biological processes
  • Literary, dramatic, musical or ar6tistic work
  • Method of playing games
  • Presentation of information

Also verify the following before drafting-

  • Conduct search
  • Enlist problems in prior art
  • What is the problem sought to be solved by the invention?
  • What is the novelty?
  • Is the solution obvious?
  • Ascertain the types of applications -whether complete or provisional is to be filed
  • Decide the area and nature of protection- PCT, ordinary application.

STEPS INVOLVED IN PATENT APPLICATION FILING-

  1. Step1: Invention Disclosure : Write down the invention with as much detail as possible.
  2. Step 2: Non-Disclosure Agreement:  When discussing with the patent professional, supervisors, partners, technical assistance etc. you need to protect the confidently of it by way of signing the NDA with the parties to whom you are disclosing the invention.
  3. Step 3: Is my invention patentable This can be done by doing novelty search and this is an optional step. In order to find out whether the claimed invention meets all patentability criteria as per Indian Patent Act. The novelty search is conducted by Patent Professional. Time duration is 7 days
  4. Step 4: Filing Patent Application: Two ways to proceed about the patent filing. Sec 9
  5. Step 5: Publication of Application
  6. Step 6: Request for Examination:
  7. Step 8: Grant of Patent

Their are certain forms also to fill up.

 

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