1. What can be patented?
It can be any invention related to work, manufacturing, the machine, process, computer software or any other which was never introduced to the public before.
If a patent is granted in India does it mean that it will protect my invention outside India as well?
A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India.
2. Should I patent my publication before or after publishing the details of invention?
To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.
3. Do I need professional help to draft and file an application for a patent on my behalf?
Applicants can draft their own application in general. But it is highly advisable to take professional help as it is a complex process and may require technical as well as legal knowledge.
4. Is it possible to keep my invention secret after getting a patent for it?
No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret.
5. Is it possible to patent my app?
This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act.
If you wish to protect just the logo and designs used then trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
6. Is it possible to get my software related invention patented?
For a software to be patented it must fulfil the patentability criteria of being novel, non-obvious (inventive step) and industrial applicability. Also, it should not be falling under the category of non-patentable items etc.
To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur government fee for a non-patentable invention.
7. Why is a patent search essential?
Patent search is very important because every year, the department receives many applications for patent registration. But not all applications get approved due to some copied reasons. Thus to waste any time on patent registration, you should go for patent search first.
8. If I could search through patent search about the registration, then why should I go to any consultant for the same?
Yes, you could search easily at portal. But it requires the expert consultation to search for a patent. They can help you with the filing with more accuracy. So it is always advised to consult experts while patent search or registration in India.
9. Can I discuss details of my invention with a potential investor before filing for patent ?
Disclosing the details to an investor poses a risk for invention not meeting the patentability criteria i.e. the invention ceases to be novel and non-obvious. Therefore it is important that you should first file an application to register the patent and then disclose the details to a potential investor. If disclosing the details to an investor or business partner is unavoidable then, in such instance it should be accompanied by a non-disclosure agreement.
10. What is the validity of any patent?
Patent registration lasts for 20 years from the date of filing the provisional or permanent patent. After that, it would fall under public domain.
11. Does the applicant get an opportunity of being heard before his application is refused?
An applicant should make a request for a hearing in of the application at least 10 days before the expiry of the statutory period. If he fails to do so, then the controller may not provide the opportunity of being heard before refusing his application.
12. In which cities does LegalRaasta provide Patent registration?
LegalRaasta provides Patent application services across India in all cities. We have done Patent registration in Mumbai, Delhi, Gurgaon, Noida, Bangalore, Chennai, Hyderabad, Ahmedabad, Kolkata, Surat, Pune, Jaipur, Lucknow, Kanpur, Nagpur and other Indian cities.