How to file a patent in India?

Replies

• 

  Ankita Katdare

  Has any of the CEans filed a patent? Can you share the detailed procedure?
  
  #-Link-Snipped-# Sir, can you share something?
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  Ramani Aswath

  I have given up putting my name to patents from about ten years back. I have been involved in many applications earlier in various organizations I worked for. IIT, CSIR, DST all have their own departments that handle patent filing which the researcher has to use. Private organizations use patent attorneys.
  The problem is in writing the document. Like legal briefs, patent briefs have a peculiar jargon, which is meant to be unambiguous so that adequate protection is built in.
  If is about a product, one has to build in enough lee way in terms of dimensions, sizes and materials that it is not easy to make a slightly different item and avoid litigation. If it is about a process, again a range of parameters are given to ensure nobody makes a functional product by making small changes.
  It is best to make a preliminary application and secure a priority date. That gives the applicant a few months time to prepare a full document.
  It is important that one does not publish the information in any public medium. Anything in the public domain, even a scientific article, will prevent patenting.
  
  Care should be taken in private communications of ideas also. Unless one can prove originating the correspondence, the recipient can preempt by filing for a patent. One cannot very well ask for a signed non diclosure agreement from a friend or mentor. It is a diferent matter that the relationship will not survive after any highjacking of the idea.
  It is probably best to go for a reputed patent attorney from the beginning, even though a bit expensive, assuming that the idea has a substantial potential.
• 

  Ramani Aswath

  An update. The cover page story (Page 36ff) here is about managing open innovation in the IT and other sectors:
  Industry 2.0 February 2012 by bhupinder sharma - Issuu
• 

  Ankita Katdare

  bioramani

  I have given up putting my name to patents from about ten years back. I have been involved in many applications earlier in various organizations I worked for. IIT, CSIR, DST all have their own departments that handle patent filing which the researcher has to use. Private organizations use patent attorneys.
  The problem is in writing the document. Like legal briefs, patent briefs have a peculiar jargon, which is meant to be unambiguous so that adequate protection is built in.
  If is about a product, one has to build in enough lee way in terms of dimensions, sizes and materials that it is not easy to make a slightly different item and avoid litigation. If it is about a process, again a range of parameters are given to ensure nobody makes a functional product by making small changes.
  It is best to make a preliminary application and secure a priority date. That gives the applicant a few months time to prepare a full document.
  It is important that one does not publish the information in any public medium. Anything in the public domain, even a scientific article, will prevent patenting.
  
  Care should be taken in private communications of ideas also. Unless one can prove originating the correspondence, the recipient can preempt by filing for a patent. One cannot very well ask for a signed non diclosure agreement from a friend or mentor. It is a different matter that the relationship will not survive after any highjacking of the idea.
  It is probably best to go for a reputed patent attorney from the beginning, even though a bit expensive, assuming that the idea has a substantial potential.

  Thank you so much for this ^ one.
  
  So, I have heard there is no such thing as a global or world patent. Hence, when you file a patent in India it is valid only under the domestic jurisdiction of the State.
  
  Does this mean that every country can have a unique patent for the same thing?
• 

  Ramani Aswath

  Not quite. Under World Trade Organization agreement all signatory countries share a measure of protection. Many take patents in their country and a few other critical countries.
  There is some international concern about China.
  However, the IPR protection gives you only a right for seeking legal remedy if some one copies/steals the idea. Fighting is expensive. The best way is to enter into an NDA with some big company, if necessary with a share in profits arising out of the exploitation, and assign the patent to that entity. All patents arising out of work done in a government institution is automatically assigned to that lab. Likewise those in private. In this case the firm may give the patent holder some consideration.
• 

  Dave orpi

  AbraKaDabra

  Has any of the CEans filed a patent? Can you share the detailed procedure?
  
  #-Link-Snipped-# Sir, can you share something?

  I have filed more than 50 patents... I will share a TON with you by golly!
  
  Do you know about the Provisional Patent Application? It only costs $125 and was designed by Congress to give individual inventors a chance at bringing their inventive ideas to market easily. It is SUPER EASY to do..
  
  To see the top 10 reasons to file a Provisional Patent Application please watch the second video in this blog.
  #-Link-Snipped-#
  
  If a provisional patent application looks like the right thing for you to do then take a look at another website that shows EXACTLY how to file one using a video format.
  Provisional Patent Video Course
  
  If you need to know how to get your product sold on TV or to Costco, or Home Depot, or Target and the like then you might also enjoy reading this information by the Ginsu Knife guy! It is pretty cool. He gives you all his contacts and personal email!
  #-Link-Snipped-#
  
  Of course you could ALSO just go to the US Patent Office and figure out how to file a patent yourself. Here is the link..
  #-Link-Snipped-#
  The flow chart there is pretty nice to give you an idea how to do what you want to do!
  
  Their patent search is hard to use and you need special programs to look at the patents… Instead, consider using Google Patent Search!
  
  Here is how you can use Google Patent Search to search for an "Oscillating inertial microbalance"
  #-Link-Snipped-#
  
  Just type the term you want to search for in the search box. Play with MANY variants of your inventive idea.
  
  Also, for a more global patent search look here:
  #-Link-Snipped-#
  
  Remember... Patents are MOSTLY "Improvements" on other inventions.. So, while you may see something SIMILAR to your inventive idea it does not mean that you cannot patent your IMPROVEMENT.. Example... A tire is an IMPROVEMENT on a wagon wheel. A radial biased ply tire is an IMPROVEMENT on a non radial biased tire. There are over 10,000 patents on tires... Nearly every single one is an improvement!
  
  And… a special gift for you is a sample Non Disclosure (also called an NDA) that you would have folks sign when you show them your inventive idea. You can change it up and use others but if you have NOTHING now it is a very good start written by my lawyer who charged me a TON for it!
  #-Link-Snipped-#