A patent gives its owner the right to prevent others from making, using, importing or selling the invention without approval. Before such a right is granted, there obviously is a rigorous check on whether the process or product is inventive (i.e. isn't obvious), novel (hasn't been anticipated in any published document) and industrially applicable (possesses utility). It involves a search of the database of the intellectual property regulator of India to check whether there exists an object or invention that is the same as or similar to applicant's invention. This is also known as a prior art search.
Test of Inventiveness
Before paying the government fees for a patent, it is sensible to do a search to test the inventiveness of the product or process. It's the only way to know how likely it is for your patent to be granted. While you may be aware of what has already been shown to have commercial uses, it is entirely possible that a competitor has patented a product or process similar to yours, but not begun using it yet.
Improves Approval Chances
Note that even similar products or processes, if already patented, could cause your application to be rejected. If a patent has been granted to a product or process similar to yours, you would be able to frame your application to reflect how yours is different.
You would need to send in all the details regarding the patent search, including uses of the invention, benefits over existing products or processes and its publication in a recognized journal, if any. Try to make these details specific, as this would ease the search process. It would take 9 working days.
7 WORKING DAYS
Venture-Care's patent expert will take up your request and conduct a thorough search of the database. The time it takes to conduct this search would depend on the scope of the invention, the industries it is applicable to and the number of similar existing products/processes. Once the patent search confirms that your product or process is an innovation, you can begin filing the application.
A patentable invention can be any
20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.
A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.
It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.