Patent Registration Online Delhi | File Patent Application

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Patent Registration - Criteria, Documents, Process - IPR Practice

What is a Patent? or What is Patent registration in India?

Introduction

An exclusive right that is permitted for any invention, which can be any process or product generally, the new path of doing something or providing a technical solution to any problem, is a patent for getting a patent the information about the technical invention has to be disclosed to the audience in a patent application.

Types of Patents

Patents are of three types:

  • Design Patents:- A person who generates a new product design can apply for the design patent—for example, furniture like kneeling chairs or beverage bottles like the shape of Coca-Cola bottles.
  • Plant Patents:- A person involved in generating and grafting new hybrid plant forms can sue for the plant patent. For example, the drought-tolerant corn or smooth angel rose.
  • Utility Patents:- A person involved in discovering or inventing new & valuable compositions of matter, articles of manufacture, the machine, process, or any improvement can sue for a utility patent. For example, hoverboard type skateboard, Starbucks gives its cups or the tiny green drink stopper.

Patent Examples

In Patent examples, almost everything is included which human has made. Some of its examples are:-

  • Musical Instruments
  • Fabrics & fabrics design
  • Jewelry
  • Furniture design
  • Medical Devices
  • Drugs
  • Genetically engineered animals, plants, and bacteria
  • Chemical processes and formulas
  • Computer hardware and software

For having to patent your inventions should:

  • When we create a new invention, we have to acknowledge that there is no before use of these inventions worldwide.
  • When we are doing a new invention, we have to know all the knowledge about that invention and have experience on that subject.
  • When we are doing inventions related to industries, we have to acknowledge that these inventions are capable of industries. We can say that these inventions are practically proven and plan for some new materials, industrial processes, or operations.

The basics of patent

The invention should be non-obvious and novel to qualify for a patent. An invention should not be publicly patented, sold, or used by any other inventor at the time in which you file a patent application. The technology process is quickly disclosed in favor of public policies, which was reflected by the rules. If someone has skilled and created non-obvious inventions, it will be considered a surprising or unexpected development.

If there are newly discovered inventions, it is also considered as naturally occurring substances & law of nature. Some are not patentable, like mathematical formulas, calculation methods, fundamental truths, and abstract principles. Patent have their methods or formulas for the processing. For example, molding rubber used in computer programming depends upon mathematical equations and is also granted for the patent. You cannot obtain a patent for mere suggestion or idea. It’s a process of figuring out the main inverting the ideas and implementing them to get the patent in order. There is no legal purpose, and unsafe drugs are granted for the inventions is not concluded by patent.

Usefulness of patent

If the inventor applies for a utility patent, he must prove that the creation is helpful for society. That creation should be operable and have some advantageous use. If a machine will not perform for any beneficial purpose, it is not called useful thus would not grant for a patent. A helpful invention will only qualify for granting a patent if it comes in these 5 categories– a composition, manufacture, a process, or one of these improvements.

Process of patent

The method of treating material for creating a certain change in material quality or character, mainly in technical process or industry, is called a process. A device that utilizes energy for doing the work is called a machine. Manufacture means a process in which the article is handmade, i.e., people make it of art & industry. There are many new chemical compounds used for the composition of matters in which there is a mixture of many ingredients used for making the matter. There is some defect or improvement needed in the solution. Hence, we have to use any additional substance that was helpful in composition. This alteration of a new substance in the composition is known as process, machine, manufacture, or composition.

How you can apply for a Patent

Before creating a formal application, an applicant must investigate the database of the Patent and Trademark office to identify if any other institution or person claims a patent for an identical creation. The creation should be different from the previous one or have some advancement to be appraised for the patent. With care, applicants should maintain error-free records for the design process and the steps involved in creating an invention. Applying for a patent is on the entity or person only who is applying for a patent.

Infringement of Patent

Patent infringement happens when the third party without the allowance from sales uses and makes a patented creation. On a national basis, patents are imposed. In infringement, literal infringement of a patent is included, which means they are conducting an act that is prohibited and is guarded in opposition to the patent. The doctrine of Equivalents also guards you against the person who is inventing a product by all the rights, and the similar product is guarded with some modifications.

In the United States, there is accountability for other 2 forms of infringement. First is a contributory infringement that is taking part in other infringement. This is perhaps a company allocating another company for generating a patent product or selling a patent product that any other company generates. Also, there is inducement infringement when one party assists or induces another party to contravene a patent. For example, a company pays any other party for creating a patentable product to reduce the share of their competitor. Besides regional or national enervation being another country law that owner can still enforce its patent rights. Although another country has an international enervation policy, the patent owner will not have any legal rights for implementing the patent in the other country as it was sold earlier in a different country.

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