The Facts You Should Know About Obtaining Patent

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If I invent an object, can that be protected under any law? The answer is yes; an invention is protected under an Intellectual Property Rights law as a Patent. It is an exclusive monopolistic right given to the owner to exploit his or her invention for a limited period.

Those who want to obtain a patent must know the following facts:-

  • Like in any other IPR an idea cannot be protected under patent also.
  • The types of patent:
  1. Utility patent-it covers the creation, new improved and useful product, process, and machines.
  2. Design patent-is form of legal protection granted to the ornamental design of functional items.
  • An invention of a process or product or machines can be patented.
  • One can only file a patent though a registered Patent agent.  
  • An invention can be patented when it fulfils three basic criteria i.e.-Novelty, Inventiveness, Industrially Applicability.
  • Each country has its own patent office, where application is examined and granted. These examinations are handled by Patent examiner who has scientific and engineering background. They examine whether an invention meets the criteria or not.
  • One can’t obtain a universal patent because it is a territorial right. In order to protect Patent in a particular country, one must have a granted Patent in that country. The best option is to file an International Patent Application under PCT administered by WIPO than submitting application in every country in which inventor wants protection.
  • Generally it takes 3-6 years to get a Patent granted and it is protected for 20 years from the date of filing of application.
  • Last, but not the least, the person who first files a Patent Application for an invention always has an upper hand than later, depending on who is the prior applicant.

These are the some of the facts every patent applicant should know about obtaining a patent before applying for it to avoid any mistake or delay in procedure.

Author: Yogita Shinde, intern at at Global Patent Filing. In case of any queries please contact/write back to us at support@globalpatentfiling.com.

References:

[1] https://thelawdictionary.org/article/three-important-facts-know-filing-provisional-patent/

[2] https://www.hongkiat.com/blog/applying-for-patents/

[3] https://cemarking.net/10-basic-need-to-knows-about-patents/

[4] http://www.wipo.int/patents/en/faq_patents.html

[5] https://www.entrepreneur.com/article/80088