What you should know about the patent process?

The criteria for a patentability

A patent must be

new.
inventive – not just an obvious modification to something that already exists.something that can be made or used.
Industrial applicability – capable of being made or used in industry
Your patent agent will check if your invention meets these criteria before you apply.

Prepare a specification or drafting the patent application

Your patent agent will prepare this information on your behalf. It includes information on what your invention is, what it does and how it does it. This is broken down into sections:

a description of your invention that allows others to see how it works and how it could be made.
drawings to illustrate your description.
legal statements (claims) that set out the technical features of your invention that are to be protected.
a summary (abstract) of all the important technical aspects of your invention.
Other section includes the field of invention, objectives, statutory statements, examples. These have to be in specified font size and page layout.

The application process in India

There are three main stages of the patent process. Filing the patent application, carrying out a worldwide search to check your invention is new and then patent examination. A patent examiner will assess your application in each of these areas and issue correspondence (First Examination Report, also known as ‘FER’). This whole process can take 2-6 years.

Need for protection in other countries?

Patent rights are territorial. You will only have protection in the countries where your patent is filed & granted. If you only operate in India, then an Indian patent may be enough.

If you plan to sell your invention in other countries you may need protection in those other countries. There are different routes available:

Apply directly to the country you plan to trade-in.
Apply for an International patent through the Patent Cooperation Treaty.
You should also seek the help of a patent agent if you are planning on applying abroad. If you want to apply abroad you will need to apply within 12 months from when you make your first patent application.

What next?

Getting a patent shouldn’t be your end goal. Think about how you will use the patent in your business and how you plan to benefit from it. You can ask your patent agent to refer to a Technology Transfer Consultant. The wide gambit of network patent agents helps them connect you to the right person who might be interested in your invention.