What is a patent?
Patents protect inventions and improvements to existing inventions.
The patent is a monopoly right granted by the Government to exclude others from exploiting or using a particular invention. This exclusive monopoly granted by a Patent is provided in return for the inventor disclosing the details of the invention to the public. Therefore, the patent is a monopoly right which offers exclusivity to the patented to exploit the invention for 20 years after which it falls to the public domain.
While filing a patent for your invention, there are several critical aspects to be followed especially in drafting the claims, which define the scope of the invention. Drafting patent specification is an art by itself, and requires the expertise of skilled professionals in this field.
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.Patent Registration, TMR Services Consultant, Registration fees in Delhi India
Rights and Validity Expiration
The patents filed will be thoroughly evaluated and examined for its resourcefulness, applicability and originality before granting rights to the applicant. The patent once granted, makes available the rights claimed by the applicant for a fixed period of time. The holder has the permission and exclusive rights to manipulate or explore the patented product or invention within the National Territory or within the valid patent limits.
The patent holder can prevent unauthorized or illegal production or trade of the patented product or the process of production of the process. The extent of protection of the patented product depends on the claims submitted by the applicant. The holder is also insured against any potential damages that might occur during the exploration or commercialization of the product between the date of publication of the patent and the date of definitive granting.
The Validity of an Invention patent is 20 years counted from the date of filing of a patent application and the Utility Model Patent is applicable for 15years from the date of filing.
Patent Clause of Inventions by Employees
The invention made by an employee(s) during the course of employment and under the influence of an employment contract which assigns inventive rights to the employer and if the hiring was specifically made to utilize the employee’s skills for the inventive purpose, will belong to the employer exclusively.
In case of the invention being developed apart from the employment contract or when there is no clause which limits the invention to the employer the invention belongs solely to the employee. It is the same if the invention was done without any help physical or monetary from the employer.
The invention belongs both to the employer and the employee in cases wherein it was developed by the intellectual and skill contribution of the employee with the material, means and installation support of the employer even in case of the no employment clause.
There are certain documents required to file a patent:
- Drawing, picture or a small model of the product to be patented. This is required to comprehend and prepare the specification of the patent application.
- Power of Attorney in case the product is a corporate entity
- Assigning Document or papers mentioning the inventor in case of the product being a corporate entity.
In case of patents which need to be auctioned immediately on a priority basis, the following documents need to be submitted:
- Official copy of the application of patent where it was filed originally issued by the PTO.
- Power of Attorney from the inventor
- Assigning document or papers mentioning the inventor in case of the product or invention being a corporate entity.
Some patents are filed under the international law which provides a unified platform and filing procedure for patent applications across the globe. In case of patents filed under the International law treaty (PCT), a single application is filed in one language. A copy of the International application and a power of attorney is required to file PCT.
Document Requisites for Filing a Patent
- Triple copies of the Application form (Form 1)
- Duplicates of Provisional Specification and claim submission. In case the provisional specification is already filed, a complete version must follow within a year of filing it (Form 2)
- Two copies of drawing and photograph of the invention/product
- Model of the product in duplicate
- Two copies each of undertaking of foreign patents with a mention of number, the date of filing, a status of the patents and the application form. (Form 3)
- Copy of the priority document in case of urgent filings with a mention of the priority dates as and when directed by the Controller.
- Declaration of inventor in case where the provisional specifications is followed by complete specification or in case of PCT filings national phase applications (Form 5)
- Power of Attorney in case of corporate filings or when filed by an agent.
- A detailed description of the product/invention
- The documents (with the exception of drawings) must be sent with large font size with widely spaced lines and clear and ineradicable ink on white paper.
- Drawings to be documented on white background with a clear margin of 1.5cm width on a sheet/transparent film/cloth of size 33X20.5cms
Required Data during Patent Filing
The following data is required while filing patent
- Name of the Applicant(s)
- Address in detail of the Applicant(s)
- Nationality and Nativity of the Applicant(s)
- Name of the Inventor (In case of the applicant being an agent or another person different from the inventor(s))
- Address in detail of the inventor(s)
- Nationality of the inventor(s)