What is Patent Registration?
Patent Registration is basically a process to file an application to register your invention under Patent Act. It provides you with the monopoly to use your invention for public. It is a monopoly right granted by the government that excludes others from making, using, selling or importing the patented product or process without prior approval. The term of the patent protection is 20 years.
How patent registration is helpful?
A patent registration helps you to get a patent of an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
Patent does not long for a lifetime. If you file a patent now then after a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.
Frequently Asked Questions?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.
Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
Patentee has an exclusive right to prevent third parties from the act of making, using, offering for sale, selling or importing of a patented product or process.
a) A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person. b) The legal representative of any deceased person, who immediately before his death was entitled to file an application for patent, can also apply for the same with the Patent Office. c) The application for patent can also be made by virtue of an assignment of the right to apply for a patent for the invention.
It should have been done at the earliest possible date without any delay since the first to file application rule is applicable in relation to patent registration.
No, since online facility has been provided for the registration purpose.
A court may grant for relief in the infringement suit includes an injunction (subject to such terms, if any, as the court thinks fit) and, at the option of the plaintiff, either damages or an account of profits.
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.