In India, there are multiple categories of patent registration available, which allows you to patent your invention in different ways. It is important for businesses to understand the types of patent registration available to them to avoid confusion, save time and money, and obtain the right benefits. This article discusses the three major types of patents in India: Utility Patents, Design Patents, and Plant Patents.
Utility Patents
A utility patent is granted to an inventor who creates something new or makes a small but useful modification to an existing product, process, machine, or manufacturing unit. It is also known as a "little patent" or "innovation patent." While not all countries offer utility patents, countries such as China, Brazil, Japan, Italy, and the United Arab Emirates do. In India, however, utility patent registration is not offered. Inventors in India can obtain a utility patent from the United States Patent and Trademark Office (USPTO). The USPTO evaluates an invention's validity and determines whether it is currently in use before granting a patent. Once granted, the inventor can use the patent to assert exclusive rights over their invention by preventing others from making, selling, or engaging in other commercial activities without their permission for a certain period of time.
The benefits of utility patent registration include preliminary appraisal, rather than comprehensive examination like the traditional patent process. Utility model patents are also suitable for products that are gradually improved with little adjustments. They completely protect goods from infringement and are difficult to challenge without convincing evidence. If a utility model patent is granted, no one has the right to replicate it for commercial sale or display. Rivals cannot release any illegally copied products, as they can be sued for infringement and demanded to return earnings. Additionally, exclusive rights and market barriers encourage more inventions.
Design Patents
A design patent protects the unique visual features of a manufactured product. If a product has a distinctive configuration, surface decoration, or both, it may be eligible for a design patent. Essentially, a design patent protects an object's aesthetically pleasing design while still preserving its functional purpose. Design patents have a patent protection period that begins 14 years after the patent is granted.
The benefits of design patent registration include a higher success rate than utility patents and quicker review, sometimes approved in just one year. Design patents work well for exterior replacement parts when owners want the exterior to resemble the original, such as vehicle replacement parts.
Plant Patents
A plant patent can be obtained to protect new and unique plants. To be eligible for this type of patent, the plant must not be a tuber propagated plant (e.g., an Irish potato), and it must not be found in an uncultivated state. Additionally, the plant must be capable of being asexually reproduced, which means that instead of reproducing through seeds, the plant is reproduced through cutting or grafting. Asexual reproduction is necessary for plant patents because it serves as evidence that the patent applicant can reproduce the plant. Plant patents have a patent protection period that begins 17 years after the patent is issued.
The benefits of plant patent registration include the right to stop others from manufacturing, selling, or importing without permission, protection for a predetermined period, keeping competitors at bay and allowing for exclusive use of the invention, and the ability to license or sell the patent to provide revenue for the business.
Conclusion
Understanding the different categories of patent registration in India is crucial for businesses and inventors. Each category offers unique benefits, and the right choice can help save time, money, and ensure that the right benefits are obtained. The three major types of patents in India are Utility Patents, Design Patents, and Plant Patents, each with their own set of criteria, benefits, and limitations.
