Patents: Understanding the Application Process, Costs, and Global Protection

Patents are a type of intellectual property law, granted by the government to an inventor for a new invention. This right enables the patent holder to prevent others from making, using, or selling the invention without permission. Patents are territorial and time-limited, typically lasting for 20 years from the filing date.

Key Things You Need to Know About Patents

• Novelty: The invention must be new and not have been disclosed publicly before the patent application.

• Non-Obviousness: The invention must not be obvious to someone with ordinary skill in the field.

• Utility: The invention must be useful and capable of being applied in some industry or practice.

Important Points

• Time Limit: Patents last for a limited time, usually 20 years.

• Geographical Limit: Patents only protect your invention in the country where you applied.

• Claims: The patent only covers what is described in your application.

How Patenting Laws Have Changed

Old patent laws often didn't cover biological processes or products. Modern laws have expanded to include more types of inventions, like new biotechnological developments.

Why Patents Are Valuable

• Protection and Profit: Patents protect your invention, letting you profit from it and attract investment.

• Industrial Growth: They help industries grow by encouraging new ideas and technologies.

• Trade Asset: Patents can be sold or licensed to others, providing another source of income.

• Public Benefit: Once a patent expires, anyone can use the invention, benefiting society.

Examples of Patent Issues

• Turmeric: In 1995, a US patent was granted for turmeric's use in wound healing. The Indian Council for Scientific and Industrial Research challenged this because turmeric was already used in India. The patent was canceled in 1997.

• Neem: A US patent for a neem-based fungicide was granted in 1994. Indian activists proved neem had been used in India for a long time, leading to the patent's revocation in 2005.

• Basmati Rice: A US company was granted a patent for a rice similar to Indian Basmati. The Indian government contested this, showing evidence that Basmati was a traditional Indian rice. The US patent was partly upheld.

How to Apply for a Patent

Provisional vs. Complete Specification:

Provisional Specification: Used to establish an early filing date if the invention is not fully developed. It doesn’t grant patent rights but secures your invention’s priority.

Complete Specification: Required to actually get a patent. It must include a detailed description of the invention.

When applying for a patent, a complete specification is crucial. This document must include the following key components:

• Title of the Invention: A concise and descriptive title that reflects the essence of the invention.

• Field of the Invention: Clearly define the area or industry to which the invention pertains.

• Background of the Invention: Provide context for the invention by discussing existing technologies or methods. Highlight any limitations or issues with current solutions that your invention addresses.

• Detailed Description of the Invention: Offer a comprehensive explanation of the invention, including how it works and any experimental results or tests conducted to validate its effectiveness.

• Illustrations and Drawings: Include any diagrams, sketches, or other visuals that help to clarify and support the understanding of the invention.

• Claims: Specify the legal scope of protection you are seeking. Claims are detailed statements that define the boundaries of your patent rights and must be crafted with precision to ensure clear protection of your invention.

A complete patent specification must be filed within 12 months of a provisional specification, with a possible 3-month extension. Alternatively, you can file the complete specification directly.

Costs

In India, the government fee for filing a patent application is Rs. 750 for individuals and Rs. 4,000 for legal entities. An examination request must be made within 48 months of filing, with a fee of Rs. 1,000 for individuals and Rs. 3,000 for legal entities. A sealing fee of Rs. 1,500 for individuals and Rs. 5,000 for legal entities is due at the time of patent grant.

Publication and Examination

Patent applications are published 18 months after filing. You need to request an examination to check if your invention meets all the criteria.

Grant and Opposition

Patents are granted if no one opposes the application or if any opposition is resolved. Opponents can challenge the patent within four months of publication.

Getting Patents Worldwide

There isn’t a global patent. You need to apply for a patent in each country where you want protection. Regional organizations like the European Patent Office (EPO) or the Patent Cooperation Treaty (PCT) offer ways to apply in multiple countries at once.

Patents are crucial for protecting new inventions and encouraging innovation. Understanding how they work can help you secure and benefit from your ideas while contributing to technological progress.

(Source: TNAU)