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FAQ's
on Patent
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What is a patent?
A patent
for an invention is the grant of a property right to the inventor, issued by the Patent Office. The term of a new patent is
20 years from the date on which the application for the patent was filed in the India. A patent allows one to prohibit others from making, using, selling, offering
for sale or importing the invention for a period of up to twenty years from the date of filing the application.
• What to Patent?
The various
types of invention, which may be patented, include the following:
Devices
Apparatus
Products Methods
Processes Products from processes
• Why should I protect my invention?
Patents
are useful in preventing your competitors from exploiting your invention.
You can
force your competitors to design around your invention (if that is possible) which can cost them time and money.
It may
put you in a stronger position with other companies who have Patents in which you are interested.
Customers
are often impressed by 'Patented Technology' so patenting can have a positive role to play in your marketing strategy.
Patents
are often a good 'keep off the grass' warning to other businesses. Many competitors are now more aware of Patents and the
consequences of being found to be infringing a Patent.
• Where can I patent it?
The decision
of where to patent is a commercial decision based upon the importance of the patented invention, the potential scope of protection
provided by the Claims of the Patent, and the likely costs involved in securing and maintaining patent protection in any given
country.
Patent
protection is available in most countries so you have to decide where to file your applications.
In India, Patent application can be filed at the Patent office of Delhi or Kolkata or
Mumbai.
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What is the value of your patent?
Research
and development costs can be high, but the fruits of that work are inventions, which often can be protected by Patents. Therefore,
by controlling the exploitation of these assets patents are themselves valuable assets.
When
viewed over the 20 year life of the Patent, it is very cost effective for the protection which is obtained.
In addition
to the many other benefits patents can be used to gain capital. They can be sold, or mortgaged to a bank to raise funds. You
can also license your Patent in order to raise funds through royalty payments.
•
What is the term for patent?
In India, generally the term for patent is twenty years.
•
Can patent rights be transferred?
The proprietor
of a patent or its registered grantee can assign, license or mortgage the patent for any consideration. This power is wide
enough to include transfer of patent rights in whole or in part, or a licensing of patent whether exclusively to one person
or several persons. The creation of any interest in a patent, including assignment, license or mortgage is not valid unless
it satisfies the following requirements: 1. The assignment, mortgage or license is reduced to writing in a document and embodies
all the terms and conditions between the parties. 2. The application for the registration of the document is filed within
six months of its execution.
• What technology is protectable under a patent?
The invention
must be new, useful, and non-obvious. Typically inventions are aesthetic designs, functional items, functional methods, or
asexually reproduced plants.
•
What competition does a patent prevent?
Patents
provide the right to exclude others from making, using, selling, offering for sale or importing the invention described in
the claims. This is perhaps the most powerful monopoly legally obtainable for products.
•
Can one infringe a patent without having knowledge of the patent?
Yes.
Infringement occurs when one practices the invention described in the claims. Knowledge or lack thereof, is generally irrelevant
to issues of liability. Independent development is not a defense. Knowledge of the patent by the infringer, however, can be
relevant to damages. Many companies do new product clearance searches to avoid law suits.
• Can I keep some information about my invention a secret?
There
is a requirement that the invention be completely disclosed. Failure to disclose will invalidate the resulting patent. One
cannot maintain information important to the patent as trade secret if the information was known as of the filing date.
• What rights does a patent provide?
The right
to prohibit (see previous question) does not automatically include the right for the inventor to make, use, sell, import and/or
offer the invention for sale. Anyone is free, however, to engage in such activities unless there is a law prohibiting it.
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What do the terms "patent pending" and "patent applied for" mean?
They
are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is
on file in the Patent Office. The law imposes a fine on those who use these terms falsely to deceive the public.
• Why does the law recognize patents?
Patents
were designed to reward persons for particular benefits provided to the government and the people with a monopoly. Originally,
the "benefits" was lonely defined and the monopoly was not well connected to the benefit provided. In time the "benefit" to
be offered became more narrowly defined to require a teaching about something unknown. The monopoly offered as a reward also
became more closely related to the benefit. The inventor received a limited monopoly on the subject matter of the teaching
(i.e., the invention as described in the claims). The impact of these events still permeates patent law today.
• I have an IDEA; what should I do next?
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Before an inventor begins spending money on the patent process, they must first verify the marketability or feasibility
of the invention. Way too often inventors go down the road of inventing 'just knowing their invention will sell' - but not
having the desire to see whether it won't sell. So the recommended steps to proceeding with the invention process are: (1)
begin an inventor's journal and record in writing everything having to do with the invention, (2) complete some good market
research and verify the marketability, and (3) begin the patent process. |
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•
What is the value of your patent?
Research
and development costs can be high, but the fruits of that work are inventions, which often can be protected by Patents. Therefore,
by controlling the exploitation of these assets patents are themselves valuable assets.
When
viewed over the 20 year life of the Patent, it is very cost effective for the protection which is obtained.
In addition
to the many other benefits patents can be used to gain capital. They can be sold, or mortgaged to a bank to raise funds. You
can also license your Patent in order to raise funds through royalty payments.
•
What is the term for patent?
In India, generally the term for patent is twenty years.
•
Can patent rights be transferred?
The proprietor
of a patent or its registered grantee can assign, license or mortgage the patent for any consideration. This power is wide
enough to include transfer of patent rights in whole or in part, or a licensing of patent whether exclusively to one person
or several persons. The creation of any interest in a patent, including assignment, license or mortgage is not valid unless
it satisfies the following requirements: 1. The assignment, mortgage or license is reduced to writing in a document and embodies
all the terms and conditions between the parties. 2. The application for the registration of the document is filed within
six months of its execution.
• What technology is protectable under a patent?
The invention
must be new, useful, and non-obvious. Typically inventions are aesthetic designs, functional items, functional methods, or
asexually reproduced plants.
•
What competition does a patent prevent?
Patents
provide the right to exclude others from making, using, selling, offering for sale or importing the invention described in
the claims. This is perhaps the most powerful monopoly legally obtainable for products.
•
Can one infringe a patent without having knowledge of the patent?
Yes.
Infringement occurs when one practices the invention described in the claims. Knowledge or lack thereof, is generally irrelevant
to issues of liability. Independent development is not a defense. Knowledge of the patent by the infringer, however, can be
relevant to damages. Many companies do new product clearance searches to avoid law suits.
• Can I keep some information about my invention a secret?
There
is a requirement that the invention be completely disclosed. Failure to disclose will invalidate the resulting patent. One
cannot maintain information important to the patent as trade secret if the information was known as of the filing date.
• What rights does a patent provide?
The right
to prohibit (see previous question) does not automatically include the right for the inventor to make, use, sell, import and/or
offer the invention for sale. Anyone is free, however, to engage in such activities unless there is a law prohibiting it.
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