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Frequently Asked Questions to file a patent in India


Frequently Asked Questions to file a patent in India

 

Q.1 Is it necessary to fill an NDA before the Patent discussion?

Yes, for you. It gives you the confidence to disclose your idea to our representative without the fear of copying the concept of innovation.


Q.2 What can be patented?

The following things can be patented:

A process, method or manner of manufacturing Machine or apparatus

The computer software 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 essential 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 filing.


Q.5 How can I inform others that I have applied for a patent for this particular product?

Till the government does not grant the patent, 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 a broad scope that you might be completely aware of the inventions in your localities, but when you file a patent, the innovation needs to be exclusive worldwide. So this search provides you with an assurance that your creation is unique and can be patented.


Q.7 Do you search only in India for a 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 I can file?

The basic concept of the 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 creation.


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 actual market value before filing for a complete patent.


Q.10 Can I patent software?

No, the Indian system does not allow a patent for software. Still, if it deals with hardware or can be described as a process with hardware interaction, it can be moulded 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 with the basic details like the existing product, the advantages of your product, the criteria you have overcome of the current development, 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 12 months from the filing date, so a complete filing needs to b done within that period.


Q.13 Within what duration should I file the Complete after filing a Provisional?

Provisional filing expires after 12 months from the filing date, so before the government abandons the entire idea, a complete filing must be submitted within 12 months.


Q.14 What is the benefit of patent filing?

It provides priority rights to the owner and gives legal protection against any infringements.



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