1. What is a patent?

A patent is a monopolistic right granted by the state to the inventor in respect of his invention for a limited period of time. This enables the patentee to exclude others from making, selling, importing or otherwise using the patented invention for the term of the patent. In India , the term of patent is 20 years.

2. I am developing a new product. Is a patent the best option for me?

If you have developed a new product or process, the issue of patenting should be considered as an integral part of your overall business strategy together with factors such as profit potential, finance, production and marketing.

The patent system is structured to enable you to make this decision before the major costs of patenting are encountered. For example, you can file a provisional application that is quite inexpensive and it gives you 12 months to consider the commercial worth of your invention and to resolve issues such as finance and licensing. You will then be in a better position to decide if further effort in pursuing patent protection is worthwhile.

Similarly, you can file an international application, which allows you to defer the costs of obtaining patents overseas, while you decide which foreign markets should be protected.

3. What are the benefits of patent?

If a patent is obtained for the invention, the patentee gets the exclusive right to use the invention for a definite period. This right can be lawfully enforced against the infringer. In case an inventor does not have the financial resources to work the patent, he can get monetary rewards by granting licences to others or by assigning the patent.

4. When should I consider applying for a patent?

If you or someone in your company has invented or is developing a new product or process, you should consider filing a patent application. Because your invention must be new at the time you file your patent application. It is a prudent business practice to get a patent for a newly developed product or process.

5. Is my invention patentable?

Before filing a patent application you should consider whether your invention confirm the conditions of patentability. In India , an invention is patentable only when it is novel, having inventive steps and capable of industrial application.

6. Is professional help necessary to file a patent application?

No, it is not mandatory but advisable because patenting an invention requires special skills or techno-legal knowledge. Many patent applications which are filed without professional help are not successful for one or more of the following reasons:

• the original patent specification does not describe the invention properly;
• the invention is not new because the applicant disclosed it to the public before applying for a patent;
• the invention is not new because the applicant disclosed it to the public after filing a provisional application that did not adequately describe the invention.
• the invention is not new when compared with things that are already known. For example, it has been published in an earlier patent document; or
• the application is for something that is not patentable such as a scientific principle or idea rather than its practical adaptation.

Yes, you can do so by filing a convention application or filing an international application under Patent Co-operation Treaty.

For further questions or information about patents, kindly contact us at ipr@saraswatnet.com