The Patent Law in India is a huge and complex topic. One needs to keep in mind that patenting in India is a different ball game when compared to other patenting markets such as the US and the EU. It is important to understand what is patentable and what is not before filing a patent. This blog will look at the three factors that one needs to consider when filing for patents in India.
In recent years, India has been a hot destination for startups. While this is a good thing, it also means that many startups are also facing one of their first challenges as a company, which is how to protect their product from being stolen by other companies.
Patents are crucial for businesses as they ensure that the company has the sole rights to intellectual property (IP). Patents are not only crucial in ensuring that you can sell your products in the global market, but they also act as a deterrent to potential competitors. However, patenting in India isn't an easy task, especially when you are filing for the first time. This blog will discuss the 3 aspects that you'll need to keep in mind when filing for patents in India.
1. Always file for a patent under the guidance of an attorney
In the world of business, there are a lot of things that you can do by yourself, but the one thing you should always consult a patent attorney for is patent filing. The reason why it's essential to be handled by a professional is that a lot of people make the mistake of filing a patent for a product that is not eligible for patent protection or a product that is too complicated to be patented.
Yes, patent attorneys are quite expensive, this case is not just in India it is the same all over the world. As an owner, your focus should be getting the patent registration. Hence it is advised to file for a patent under the guidance of an attorney.
2. Understand the nitty-gritty of the patent before filing
When it comes to patents, there are a lot of myths and misconceptions. Let’s take a look at some of the top myths and their actual realities. Myth: A patent will protect my idea. Reality: A patent will protect your idea only when it is filed. Many people think that a complete product with all the details and drawings is required for filing a patent. That is not true. A patent application can be filed with just an idea and a sketch. However, it is recommended to file a patent after a prototype is made.
There are three types of patents at the Offices of Intellectual Property:
- Design Patents
- Utility Patents
- Plant Patents
In order to get a design patent, inventors must submit technical drawings, sketches, or models of innovative and distinctive items that have never been publicly published.
Utility Patents, on the other hand, are the most common form of patent, in which the individual (inventor) defines the capabilities and/or a new manufacturing technique for a utilitarian purpose.
Drugs, electrical components and circuits, new software, and practically anything produced by humans is all examples of utility patents.
Patents on plants' novel reproductive systems are known as plant patents (that use grafts or cuttings). This patent represents the culmination of a series of safeguarding measures. Before preparing to petition for any of these patents, the innovators should be guided through the mechanics of each one.
3. Don’t go by misconceptions
It is not true that patents filed in India are worthless. Patents filed in India can be enforced against other Indian entities, other foreign entities that import the patented products into India, and other foreign entities that have manufacturing operations in India. Filing patents in India is an important part of your intellectual property strategy.
There are a few common misunderstandings about filing for a patent. The patent, for example, does not provide the owner the right to use, sell, or manufacture the invention.
It only protects the owner when the product is practiced, produced, and sold by others who want to sell, manufacture, or practice the same innovation. When filing for a patent, most people believe otherwise.
Innovators should also be aware that owning a patent does not automatically make you wealthy or renowned. If you keep the patent a secret and don't use it for commercial purposes, it's worthless.
The patent is only useful for a product that will be shared with the public and commercialized.
Furthermore, a patent will not protect you from third-party allegations of infringement. Your National Patent will only protect you within your country, not internationally.
Before filing for an Indian patent, it is important to take into consideration some of the important factors; otherwise, it will be disastrous for the client. If you are interested in knowing more about Indian patent filing, please contact us at info@bbnc.in. We would love to help you with the same.
