What is definition of patent ? What is mean by Patent protection and how to get it in India?
Before you read about patent protection in India, know what is a patent first. Patent for you can be an intellectual property, right or tradable asset. You can define patent as what you expect it to do on the grounds of making, using, importing or selling it. In short, you are the owner of the invention and nobody can do above actions related to your patent without your permission.
In the eyes of the Patent Law in India definition resembles to:
“A patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.”
You must read above sentence in single breathe as it is legal type of statement. It tells all the key components about patent protection in India.
Patent protection key points
Patent protection trade off
Well, above protection points may sound great for you or any inventor, but there are two disappointments that every inventor has to face for getting a patent protection in India.
- Full disclosure of your invention
- Limited period of patent protection (20 years)
You have to publish your invention in detail and also clarify how it works best or how it’s made. In some cases you may want your invention to be a secret, but for a patent protection you have to disclose it, so others, when expiration of your patent, can make it and improve upon it for public good. Some inventors do better by keeping their invention secret for more than 20 years, but they are rare. In case of patent grant, after 20 years from your first application date anybody can use your invention without your permission, provided that you kept your patent protection active by paying annual renewal fees of that country.
Which type of inventions can get patent protection in India?
Your invention can be a product or a process. It must solve an existing problem with a new technical solution. You can also patent a method for doing things by presenting it in tangible way. Improvements in known products or processes can be considered as an invention for patenting in India.
You can read more about, inventions that are non patentable in India.
Where to get patent protection in India?
In India, the Patent Office performs procedure for registering a patent. The patent office is formed under the Department of Industrial Policy & Promotion, Ministry of Commerce & industry. So, you must apply for getting the patent protection in India at the Patent Office located for your territorial jurisdiction. There are four patent offices in India; Mumbai, Kolkata, Delhi and Chennai.
Find your office according to state here – Territorial Jurisdiction of Appropriate Office for the Applicants