A patent is a legal document that gives the right or authority over a particular field of research, invention, or any other process, to a person applying for it
A patent gives its owner the right to prevent others from making, using, importing or selling his/her invention without approval. Before such a right is granted, a rigorous check is done on whether the process or product is inventive; or novel hasn't been anticipated in any published document; and industrially applicable (possesses utility). It involves a search of the intellectual property regulator of India’s database, to check whether there exists an object or invention that is the same as or similar to the applicant's invention.
Before paying the government fees for a patent, it is sensible to do a search to test the inventiveness of the product or process. It's the only way to know how likely it is for your patent to be granted. While you may be aware of a product’s commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.
Art, process, method or manner of manufacture Machine, apparatus or other articles Substances produced by manufacturing Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines, and drugs. Why Is A Patent Search Essential
Every year, patent authorities get thousands of patent applications. Not all applications are approved by the authorities. The reason being there are other similar inventions/applications or the steps involved in the invention, and hence not innovative. For example, pharmaceutical companies in India file for patents every year when their research and development teams invent a product or mostly, the steps to formulate or derive a particular active ingredient (drug). Often, these drugs are not innovative and the innovation is not registered. Thus, instead of wasting time on the patent process, it is best to find out through Patent Search if there are any similar inventions/applications already patented
Publication In A Recognised Journal You would need to send in all the details regarding the Patent Search, including uses of the invention, benefits over existing products or processes and its publication in a recognised journal, if any.
ou get the R symbol as soon as you file the trademark application for registration. This symbol helps protect the trademark from getting copied by others.
A Patent Search is a preliminary process for filing/applying for a patent. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive, novel (has not been a part of any published document) and industrially applicable (possesses utility). It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to the applicant's invention.
20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
The details of the invention can be shared on a CD or a pen drive, along with its name, comparison with existing products, uses, and date of publication (if any). Applicant information is also required.
A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent, or practice it with the consent of the patent holder during the life of the patent
Yes. An affidavit mentioning the usage of the Trademark has to be submitted mandatorily.