Frequently Asked Questions to file a patent in India
Q.1 Is it necessary to fill an NDA before Patent discussion ?
Yes, for you. It gives you the confidence to disclose your idea to our representative without the fear of the idea or innovation being copied.
Q.2 What can be patented?
The following things can be patented:
A process, method or manner of manufacturing Machine or apparatus
Computer software that is attached to hardware or has a functioning attached to hardware.
Product patent for medicine, chemical composition, plant, any new and useful improvement, Design etc.
Q.3 What are the basic criteria for anything to be patentable?
The process, idea, invention or product should be innovative(i.e. not obvious), novel (shouldn't have been anticipated in any published document) and industrially applicable (possess utility).
Q.4 When does a Patent Expire?
The patent falls into the public domain after 20 years from the date of filing.
Q.5 How can I inform others that I have applied for a patent for this particular product?
Till the patent is not granted by the government you are eligible to use the tag “Patent Pending” to warn others from infringing.
Q.6 Why is it necessary to have a patent search before filing?
When you have made an innovation there is wide scope that you might be completely aware about the inventions in your localities but when you file a patent the innovation needs to be exclusive all over the world. So this search provides you with an assurance that your innovation is unique and can be patented.
Q.7 Do you search only in India for similar Patent?
No, along with a national search we also provide an International Search result.
Q.8 If there is a similar patent is there any scope that I can file?
The basic concept of patent says that if 1% of your idea or innovation is unique to the existing product you are capable of filing and claiming for your innovation.
Q.9 What is the benefit of filing provisional?
It helps to establish “Priority” right over the invention. It is less expensive to file and the owner can learn about its true market value before filing for complete patent.
Q.10 Can I patent software?
No, Indian system does not allow a patent for a software but if it deals with a hardware or it can be described as a process with hardware interaction then it can be molded into a patent applicable concept.
Q.11 What are the contents that need to be provided by me while filing provisional?
You are required to provide us the basic details like the existing product , the advantages of your product, the criteria you have overcome of the existing product and the miracles you can do with your product and the technologies you have used.
Q.12 When does the provisional document expire?
The provisional document will be abandoned after 12 months from the date of filing so a complete filing needs to b done within that time span.
Q.13 Within what duration should I file the Complete after I have filed a Provisional?
Provisional filing expires after 12 months from the date of filing, so before the entire idea gets abandoned by the government a complete filing needs to be submitted within 12 months.
Q.14 What is the benefit of patent filing?
It provides priority right to the owner and gives legal protection against any infringements.
To Know More Please Do Visit MYCrave Consultancy & Services