India is a land of innovation, where countless brilliant minds work tirelessly to create and refine ideas that have the potential to revolutionize various industries. However, many of these innovators are unaware of the steps necessary to protect their ideas from being copied or misused. This is where patent law firms in India and patent services India can help. In this article, we will explore the process to patent an idea in India, from understanding what can be patented to the final steps of obtaining the patent. So, buckle up and let's dive into the world of patenting in India.
Understanding the Patentable Subject Matter
Before discussing the patenting process, it is important to understand what can and cannot be patented in India. According to the Indian Patents Act, 1970, the following criteria must be met for an idea to be patentable:
- Novelty: The idea must be new and not previously disclosed or published anywhere in the world.
- Inventive Step: The idea must be non-obvious and involve an inventive step that would not be obvious to a person skilled in the relevant field.
- Industrial Application: The idea must be capable of being used in an industry or have a practical application.
It is important to note that certain subject matters are not patentable in India, including:
- Discoveries, scientific theories, and mathematical methods
- Literary, dramatic, musical, and artistic works
- Schemes, rules, or methods for performing mental acts or playing games
- Computer programs per se (i.e., as standalone software)
- Methods of agriculture or horticulture
- Methods of medical treatment for humans or animals
- Inventions that are contrary to public order, morality, or harmful to human, animal, or plant life
Conducting a Patent Search
Before filing a patent application, it is crucial to conduct a thorough patent search to ensure that your idea is indeed novel and has not been patented or published previously. This can be done through various online databases, such as the Indian Patent Office (IPO) website, the United States Patent and Trademark Office (USPTO) database, or the European Patent Office (EPO) database.
A patent search can be a complex and time-consuming process. Therefore, it is advisable to seek the assistance of patent law firms in India or patent services India, who have the necessary expertise to conduct a comprehensive patent search and assess the patentability of your idea.
Preparing and Filing the Patent Application
Once you have established that your idea meets the criteria for patentability and is not already patented, it is time to prepare and file the patent application. The application should include:
- A detailed description of the invention, including its background, objectives, and features
- Claims defining the scope of protection sought for the invention
- Drawings, if necessary, to illustrate the invention
- An abstract summarizing the invention
The patent application can be filed at the Indian Patent Office either physically or electronically. It is important to remember that the application must be filed in English or Hindi. Moreover, if you are not an Indian resident, you will need to appoint an Indian patent agent to file the application on your behalf.
Examination and Prosecution of the Patent Application
Once the application is filed, the IPO will assign a filing date and a patent application number. It is important to note that the patent application will not be examined automatically. You must submit a request for examination within 48 months from the filing date or the priority date, whichever is earlier.
Upon receiving the request for examination, the IPO will assign an examiner to review the application
Microsoft won the fight in this massive clash considering that Apple hadn’t acquired a patent for GUI.
Since NDA and the clauses mentioned in it is based on the agreement made between you and the service provider and so can be managed easily.
It keeps the idea limited to its rightful owner, avoiding other industries and individuals from stealing it.
Thus, patenting an app is a necessary step to consider if you want to protect as well as prove the uniqueness of your idea.Why patent an app idea?Patenting an app comes in the frame if you want to execute your business processes successfully.
Don’t worry, usually your respective state or country would have an operational database where this data is preserved and can be accessed.
Other than that, to analyze your mobile app idea patent there are portals for intellectual properties and their global database, one of those is an international consortium known as WIPO.Here is a detailed guide to patenting mobile app ideas and avoid clones stealing your brainchild.Types of patent mobile applicationsPatents are usually categorized considering the owner’s needs, and their individual features are further divided into two different applications such as:Provisional application: Provisional application is the first approach of mobile app development companies in general because it privileges the company to boast as “patent pending” and is much more reasonable than a non-provisional application.
