Get a Patent to Get the Rights Over Something You Invented !
By definition, to get a patent for an invention is granted by government to the inventor, giving the inventor the right to stop others, for a limited period, from making, using or selling the invention without their permission.
It can be either be a product or a process that gives a new technical solution to a problem. You can get a patent for technical improvement on an existing methods.
Once you do get a patent it is valid for 20 years from the Date of Filing, subject to the payment of annual renewal fees.
A patent prevents others from exploiting your inventions and gives you complete security over your work.
The fact that you have sole right over your work allows you to also license it to third party for commercial returns or even sell the patent, this is another huge reason its important to get a patent.
To get a patent you need to make sure that it follows a certain set of criteria.
Firstly, your invention should be new. If the invention needs to be disclosed to a third party before you get a patent application made, a non-disclosure agreement should be drawn up.
Secondly, when you get a patent you should be either completely new or it should be a considerable improvement to an existing invention or method of doing something.
Lastly, it should be useful and have some form of practical application.
Steps you Need to Follow to Get a Patent
- Pen Down your Idea with as Much Detail as Possible
To make sure you get a patent that checks all required boxes, make sure you include details of your invention. And also you have to specify its field of application and also its use.
It is preferred that you have official verification of any documents to verify your patent. Once you cover this, you’ve done the first step in getting your patent.
- Ensure that When you Get a Patent it is Patentable
Make sure that once you get a patent it follows all important criteria. If you find your invention not meeting the criterion required, make it a priority to make changes to ensure you get a patent.
- Make sure your Report is Self-Explanatory
One way to ensure you get a patent is by making sure your report contains drawings and flowcharts. And also that the patent doesn’t require any further explanation. Remember that is a critical step to follow when trying to get a patent.
- Make sure it meets the official patentability criteria
Although this might sound similar to a previously mentioned point, it is necessary that you make sure that you get a patent that your filing for, also meets the criteria as per the Indian Patent Act.
The patentability opinion is provided by the patent professionals up on conducting extensive search and forming patentability report.
- Consult with Professionals and Make a Decision
It is important that you discuss with patent professionals and get their opinions. You must then make a final decision on whether you plan on going ahead to get a patent.
Opinions and reports on your patent will give you a better understanding about whether it is worth to get a patent and all the trouble.
- Write your Patent Application
Once you’ve decided that you want to get a patent for your invention and you know your patent is patentable, draft your patent application.
In case you don’t really have a complete idea about how to get a patent regarding specific areas, you can draft a provisional application.
A provisional application gives you the following benefits:
- 12 months of time to file complete specification
- Low Cost
- Secures filling date
They will discard your application after a period of 12 months. And the process to get a patent would have to begin all the way from the beginning again.
Filing for a provisional application is unnecessary if you already have your complete specifications regarding your patent.
- Publication of Application
Upon filing the complete specification along with application to get a patent, the application is published after 18 months of first filing.
You can apply for an early publication by submitting a request along with the fees, if you do not wish to wait for the expiry period of 18 months.
Generally the patent application is published within a month form request form early publication.
- Apply for an Examination
After receiving request for examination that is RFE, they will examine your patent.
After receiving the request your patent application is given to a patent examiner who examines the patent application with different patentability criteria like:
- Patentable subject matter
- Inventive step
- Industrial application
They create a report of the patent application after a first examination. This is called patent prosecution.
You call the patent application a patent prosecution when it goes through its approval procedures.
- Clear all Objections that Pops Up Before you Get a Patent
Any patent report will incur numerous amounts of objections and it is your responsibility that you cleat any such objections ASAP. Consult with a patent agent to help you with this as this can be very time-consuming and frustrating.
Make sure you analyze the examination report and come up with responses and solutions to the objections, if any.
The inventor and patent agent create and send a response to the examination that tries to prove to controller that his invention is indeed patentable and satisfies all patentability criteria.
- Getting your Patent Approval is Important
When it has all its requirements, then the patent will be put in order for approval. The grant of patent is notified in the patent journal which is published time to time.
Yes, to get a patent is not an easy task. Know that if you have a patentable invention make sure you patent it.
A patent is as important as your invention considering that without a patent, anyone can use your idea with you getting no credit at all.
If you don’t get a patent, it can also be a huge financial loss.
If you make sure you take all necessary steps and fulfill all needed criteria to get a patent well ahead of time. It is definitely worth all the trouble.
You can find me cooking up new ideas to keep myself occupied since I hate staying idle.
I also hope that one day I write something worth plagiarizing 🙂