How to apply for a Patent in India?
I recently presented a Paper in the IEEE Paper Presentation competition in the technical fest of our Institute and won the 1st Prize for it. It is based on a novel idea which I couldn't find on the internet, even after searching oodles of websites. I have created 3D animations and drawings of the model but I don't have a physical working model yet and thus I haven't been able to perform any tests on it.
I have a few questions regarding the same.
I have a few questions regarding the same.
- Can I apply for a patent for my design at this stage?
- If yes, what is the procedure for applying for a patent in India?
- Is the certificate that I have got from IEEE of any importance in this procedure?
Replies
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Ankita KatdareSome of your queries might get answered here:
#-Link-Snipped-#
and here:
#-Link-Snipped-#
#-Link-Snipped-# is the best person to answer others. 👍 -
Viraj VoditelThanks, I am reading through that attached PDF now. Though it would be even better if I could get some answers on my particular situation. 😎
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Kaustubh Katdare
I'm no expert on this matter, but I guess I can answer your questions.virajvoditel- Can I apply for a patent for my design at this stage?
- If yes, what is the procedure for applying for a patent in India?
- Is the certificate that I have got from IEEE of any importance in this procedure?
- Yes, you can apply for a patent for your design.
- This is going to need some research: #-Link-Snipped-# is the official site where you should get all the required forms. I've also heard that you can file patent application online; but if I were in a hurry, I'd do it through an agent.
- Certificate from IEEE would certainly make your application stronger; but may not ensure that you're granted the patent. Attaching it as a supporting document/proof won't do any harm.
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Pankaj ThapeHi I am a Patent Consultant and here are the answer to your queries:
Queries:
- Can I apply for a patent for my design at this stage? -
- If yes, what is the procedure for applying for a patent in India?
- Is the certificate that I have got from IEEE of any importance in this procedure?
- Yes, you don not need to have a Prototype to apply for a Patent. If yo can show on paper that is also enough
- The Procedure is to Draft a Patent Application and Fill different Patent Forms. Better get a Professional Patent Agent to make a good draft.
- No
Regards
Pankaj Thape
M.Tech (ME), IIT K
Patent Consultant -
Kaustubh Katdare#-Link-Snipped-# : We appreciate your help. Please let the discussion happen here because it will help larger audience.
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Ramani AswathvirajvoditelI recently presented a Paper in the IEEE Paper Presentation competition in the technical fest of our Institute and won the 1st Prize for it. It is based on a novel idea which I couldn't find on the internet, even after searching oodles of websites. I have created 3D animations and drawings of the model but I don't have a physical working model yet and thus I haven't been able to perform any tests on it.
I have a few questions regarding the same.
- Can I apply for a patent for my design at this stage?
- If yes, what is the procedure for applying for a patent in India?
- Is the certificate that I have got from IEEE of any importance in this procedure?
Since you have presented the idea in a public forum it is now in the public domain. Unless you apply for a patent before six months, you may not be eligible. -
Pankaj ThapeI would like to add that you have to file for Patent within 12 months of the time you presented in IEEE. At least file a Provisional Patent if you are not ready yet.
#-Link-Snipped-# sir its 12 months
For more information on 'Provisional Patent', please see my post
Regards
Pankaj Thape -
Pankaj Thape
sure Big_kThe_Big_K#-Link-Snipped-# : We appreciate your help. Please let the discussion happen here because it will help larger audience. -
Ramani Aswath
I do not know how I got the value of six months. Probably US patents.Pankaj Thape#-Link-Snipped-# sir its 12 months
#-Link-Snipped-#
Thanks for that info. -
Kaustubh Katdare
Please refrain from advertising on CE. Once you complete 25 posts on CE; signature facility will be enabled for your account automatically and you'll be able to promote your website. But promotions through signature is strictly against the rules of this website. May get your account banned.Pankaj Thapesure Big_k -
Pankaj ThapeIt was six months earlier I guess, Now its 12 months in US also...... Its called "Grace Period" in which if you make your invention public then also you can apply for patent and your public disclosure will not be considered as prior art.
In case of EP there is no grace period.
Regards
Pankajt -
Kaustubh KatdareIn case anyone's still looking for the step by step producedure to file for a patent online in India, I've uploaded the official guide in our downloads section: #-Link-Snipped-#
You are reading an archived discussion.
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