Here is the procedure on how to apply for patent in India: STEP 1: Invention Disclosure. STEP 2: Patentability Search. STEP 3: Filing an Application for a Patent. STEP 4: Patent Drafting. STEP 5: Filing the Patent Application. STEP 6: Request for Examination. STEP 7: Responding to Objections (if any) ... STEP 8: Grant of Patent.
The five primary requirements for patentability are: (1) patentable subject matter; (2) utility; (3) novelty; (4) non-obviousness; and (5) enablement. Like trademarks, patents are territorial, meaning they are enforceable in a specific geographic area.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
The Poor Man's Patent Is Obsolete Being the first to invent will no longer save you is someone else filed first. So even if you did write out the idea for your invention and mailed it to yourself, that date would not matter.
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
Utility patent application: may be filed by anyone who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
These five steps will help you plan out the patent process as you seek to protect your invention. Understand your invention. The first step in how to get a patent is to understand your invention. Research your invention. Choose the type of protection. Draft your patent application. Wait for a formal response.
Types of patents. There are three types of patents: utility, design and plant. Utility and plant patent applications can be provisional and nonprovisional. Provisional applications may not be filed for design inventions.
Patent prosecution is the interaction between applicants and a patent office with regard to a patent application or a patent. The prosecution process is broadly divided into two phases: pre-grant and post-grant prosecution.
– a description and a claim or claims; – drawings, when necessary; – an oath or declaration; and – prescribed filing, search, and examination fees.