A patent is a set of rules and
regulations which gives the owner the rights to prevent others from making,
selling, distributing or importing without the permission of the owner. Patents
are awarded by the government and are affected by national laws and international
treaties. They can be awarded to investors, individuals, groups or
corporations. As a patent is exclusive, it comes with several limitations. First
of all, there are two types of patents, a provisional patent, which comes with
an expiry date which is usually one year, the second kind is utility patents
whose existence depend upon the negotiations between the authority and the
value that comes with the product. There are a few things that must be kept in
mind while filing for a patent because some unnecessary negligence on your part
may make your patent process unfruitful.
Evaluate the eligibility of your idea
It is easy to obtain a patent
if your idea is a machine, a process, a manufactured product or an improvement
of any of the above things. A patent may also come in the form of a design like
if a new car company decides to make its windshields in a leaf like manner and
no other company has done it before, in that case you are destined to obtain
that patent. Similarly, when Samsung first introduced its wireless charger, it
got the product patented so that the technology may strengthen its position in
the market through that novel idea. This brings me to say that the idea that
you are applying patent for must be novel, useful and non-obvious. Natural
phenomenon, abstract ideas and inventions that have no utility are not eligible
to obtain a patent.
Determine the category your
invention falls into
There are three types of
categories for obtaining a patent and if your innovation does not fall into
these categories, it may not be eligible to obtain a patent for that invention.
The first one is a utility
patent, that is granted for innovations that have some kind of benefit to the
society. The expiry date for utility patent usually lasts for up to 20 years
from the date of filing.
In case your innovation is not
a working item but just a design without any particular use. Design patent
prevent others from copying the look and make your look unique. This kind of
patent usually last up to 14 years.
You can apply for a plant
patent if you have developed plant strains through scientific techniques. It
can be of significant importance in the field of agriculture and help you
produce crops with exclusive benefits that can reap rewards in future. They
usually expire in 14 years.
Make sure your idea is
unique and different from previous patents
The invention must be
different from others in a significant way. Search through patents similar to
yours and determine whether it is eligible to obtain a patent and whether it
can add additional value to the already existing things. Don’t waste money and
time developing something that may not do you any benefits. You may check it on
the website of the state’s patent directory or search about it in journals
similar to that category of product. The patent infringement should be below
the maximum limit for the country in which you are applying for the patent.
Check all the above points and
make sure you sort out all the problems before you go and apply for a fresh
patent.
This article has been contributed by Simmi Setia, Content Writer at LegalRaasta, an online portal for GST Software, GST Return Filing, GST Registration, Section 8 Company Registration, Nidhi Company Registration, IEC Registration, Fssai License, File ITR Online.
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