FAQ's
Frequently Asked Questions (FAQs) about Patents
What is a Patent?
A statutory property right granted by the government, for an invention for a limited period to the applicant/inventor, in exchange of full public disclosure of the invention.
What are the Patent rights?
Excluding others, from making, using, selling, importing the patented product or process without the applicant/patentee consent in the jurisdiction where patent is granted for a limited period time
What is the term of a patent?
Patent protection is granted for a limited period, generally 20 years from the date of filing of application.
Does Patent give protection worldwide?
No. Patent protection is a territorial right and therefore it is effective only within the territory of the country where it is granted. There is no concept of global/world patent.
Does Patent can be granted or applied in any country?
Yes, filing an application in any country enables the applicant to file a corresponding application for same invention in convention countries or under PCT, within twelve months from the filing date in the resident country. Patents should be obtained in each country where the applicant requires protection of his invention.
What kind of inventions can be patented?
An invention relating either to a product or process that is new, involving an inventive step and capable of industrial application can be patented subjected to categories of inventions that are non- patentable (Country specific). Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip.
When should an application for a patent be filed?
An application for a patent can be filed as soon as possible and get the priority date.
what is the different kind of patent applications available?
a. Provisional specification – disclosing the essence of the invention helps to register the priority of the invention. Within 12 months Ordinary application to be filed with claims and change in specification if any
b. Ordinary application OR complete application -The application with complete specification.
Can any invention be patented after publication or display in the public exhibition?
Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by applicant.
Does the Patent Office keep information of the invention secret?
Yes. All the patent applications are kept secret up to publication of the application (usually 18 months, unless early publication request has been made).
How are patent rights enforced?
Patent rights are usually enforced in a court on the initiative of the right owner. In most systems a court of law has the authority to stop patent infringement. However, the main responsibility for monitoring, identifying, and acting against infringers of a patent lies with the patent owner.
Where can one find the information relating to published/ granted patent application?
The information relating to the patent application is published in the Patent office website of the country or with any private data bases.
Who can apply for a patent?
A patent application can be filed either by true and first inventor or his assignee, either alone or jointly with any other person
How can I apply for a patent?
A patent application can be filed with Patent Office either with provisional specification or with complete specification along with fee as prescribed directly by the inventor or the assignee or through the registered patent attorney or patent agent of the country.
What are the types of applications?
Provisional specification: A Provisional patent application is generally filed when the invention has been conceived but more work needs to be done on the invention to perfect it. This is also known as ‘idea patenting’. Once a provisional application is filed, the applicant has a period of 12 months to perfect his/her invention and file the complete application.
Complete specification: A complete specification is filed when the invention has taken the final shape and is ready to be filed in a complete manner. A complete application will contain claims which define the scope of the invention.
Is patent application once filed examined automatically?
A patent application is not examined automatically after its filing. The examination is done only after receipt of the request of examination.
What happens to a patent application once it is examined?
After examination, the Patent office issues an examination report to the applicant which is generally known as First Examination Report (FER). Thereafter the applicant is required to comply with the requirements within a specified time.
What happens when applicant is not able to meet the requirement within the prescribed time?
If the applicant does not file a reply within specified time or does not take an extension, the application is deemed to have been abandoned.
Does an applicant get an opportunity of being heard before his application is refused?
If applicant has not complied with the requirements within the prescribed time, the patent office shall provide an opportunity of being heard to the applicant before refusing his application if a request for such hearing has been made by the applicant in advance before expiry of the statutory period.
What is meant by patent agent or attorney and what are the eligibility criteria of becoming a patent agent and duties?
A Patent agent is a person registered with Patent Office whose name is entered in the patent agent register after being declared qualified in the patent agent examination conducted by the patent office and who is entitled—
to practice before the patent office; and
to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceedings.
What are the rights of a patentee once the patent is granted?
A patentee enjoys the exclusive right to make and use the patented invention. The patentee also has the right to assign the patent, grant licences, or otherwise deal with the patent, for any consideration. These rights, created by statute, are circumscribed by various conditions and limitations as prescribed under the Patents Act.1970.
How can I find out if my invention is already patented?
May perform detailed searches of patent information in a variety of formats including online and print on a a variety of public and private databases available. To find out the prior art related to an invention need to conduct a patent search using various methodologies, for example by creating a key string using patent search, WIPO patent search, US patent search, EPO patent search, Google patents search. There are some professional databases also such as Derwent by Clarivate Analytics.