A patent as defined by the law in the land, a set of right to exclusivity which is granted by a state to an assignee or an inventor for a fixed period of time in exchange for a public disclosure of an invention. Patents are a form of what is known as an intellectual property. An invention may be a solution to a specific technological problem which is a process or a product.

The process for granting patents, the right to exclusivity, the time for which the patent is granted, requirements for the patents and similar things might vary between countries according to laws and agreements as well as industry and exposure. However, in order to be granted a patent, there are few things that are of essences such as usefulness, novelty, and non-obviousness. The right to exclusivity in the form of patent prevents others from using, making, importing, selling or distributing a patented invention without permission. Thus a patent in its true sense excludes others from using your invention in order to obtain profit. In most countries, both corporate entities, as well as inventors, may apply for a patent. The claims of a patent are transferable, that is if a company wants to avail the benefits of your inventions, in that case, you can demand some allowances in the form of money or other options and permit them to avail the benefits of your inventions.

In India, patents are granted by the India Patent Office. In practice, there are three kinds of patents: utility patents, plant patents and design patents.

A utility patent consists of the creation of improved product or an entirely new process, product or machine. It is also known as a “patent for invention”. It prohibits other companies from duplicating your creation without consent. These kinds of patents are into effect for about 20 years but the patent holder must regularly pay the scheduled maintenance fees. The utility patents can be associated with software products, machines, mechanisms, chemical formulations including pharmaceutical drugs and other medical patents which include software that helps physicians in managing patients using artificial limbs and physical therapy devices.

A plant patent can be natural, bred or non-reproductive cells of the plant. In order to be granted a plant, a patent must be asexually reproducible and it must be performed through methods such as bulbs, division, root cuttings or grafting and budding to have plant’s stability. Plants that are unique because if soil conditions cannot be patents. A plant patent can have 2 investors, one who discovered the plant and the other who reproduced it.

A design patent, the third kind of patent applies to the unique look of a manufactured item. In case if plant patents too, in case the plant has a unique shape, then the inventor can get a design patent too. Also in cases of automobiles, a headlight shape or a distinctive hood can also be applied for a design patent. These visual elements are a part of any product and add value to it and they can also be patented. Thus, without getting a patent on them, the competitors can copy them without statutory and legal compliances and thus take away the uniqueness of the product. Design patents last for 14 years from the date on which the patent is granted and do not require any maintenance fees.

So, it can be summed up that obtaining a patent on your invention is always a favourable thing and as and when you apply for a patent, you can check the website of the patent office or if you wish to reduce the hassle, you can consult a private person and get your work cut out for you.