About:
A patent is a right granted to an inventor by the government that permits the inventor of the patent to deny others from making, selling, or using the invention for a period of time. The patent process is designed to encourage inventions that are unique and useful to society.
Patent are categories into three parts
- Utility Patent: this is the most common type of patent mainly provided for new Machines, Processes, and chemicals.
- Design Patent: this type of patent is provided to protect the unique aspect or design of manufactured objects, Such as surface ornamentation
- Plant Patent: this type of patent is provided for the innovation and asexual reproduction of new and different plant varieties, including hybrids (asexual reproduction means the plant is reproduced by means other than from seeds, such as by grafting or rooting of cuttings).
Example of patentable things:-
- Computer software and hardware;
- Chemical formulas and processes;
- Genetically engineered bacteria, plants, and animals;
- Drugs;
- Medical devices;
- Furniture design;
- Jewelry;
- Fabrics and fabric design; and
- Musical instruments.
Registration of Patent
Step 1: Write down the invention with as much detail as possible.
Record every step of the invention process. Describe and diagram every feature and every modification of the invention, including how you initially discover the idea for it.
Document all of these efforts. Sign and date each entry and there must be two reliable witnesses signed as well.
Step 2: check whether the invention is patentable.
One cannot get a patent registered only on the basis of an idea. One must show their invention works. In addition, an invention must be new. This means it must be different in some important way from all previous inventions in that field.
Step 3: File an application for Patent Registration- Firstly you need to file an application providing details regarding your invention
Step 4: Review Regarding the Patent Application-
Once you submit the patent application it will be checked by the officer, whether there is an existing patent on a similar idea.
Step 5: Patent Review:
Once all the verification is done by the patent officer, they will update the status of your application on the website of the government of India, Department of Industrial Policy and Promotion, and Ministry of Commerce and Industry. It will take almost around one year to get a patent registration certificate.
Patent Infringement
If an investor thinks that someone has used his or her patented invention without permission, he or she may file a case against the infringer. If the court agrees, it may award the patent holder costs, attorney’s fees, damages in an amount equal to a reasonable royalty, and an injunction (an order prohibiting another person from infringing the patent). An action for infringement can be time-consuming and costly, so infringement cases often are settled.
