Professional Documents
Culture Documents
1b) Explain Procedure For Obtaining A Patent For An Invention
1b) Explain Procedure For Obtaining A Patent For An Invention
1b) Explain Procedure For Obtaining A Patent For An Invention
Ans:Step 1: Write down the invention (idea or concept) with as much details as
possible
Collect all the information about your invention such as:
Area of invention
Ideally, if you have worked on the invention during research and development phase
you should have something call lab record duly signed with date by you and respective
authority.
Novelty
Non-obviousness
Industrial application
Enabling
The detailed explanation for patentability criteria is given here (what are patentability
criterias)
The patentability opinion is provided by the patent professionals up on conducting
extensive search and forming patentability report.
Low cost
After filing provisional application, you secure the filing date which is very crucial in
patent world. You get 12 months of time to come up with the complete specification, up
on expiry of 12 months your patent application will be abandoned.
When you complete the required documents and your research work is at level where
you can have prototype and experimental results to prove your inventive step you can
file complete specification with patent application.
Filing the provisional specification is the optional step, if you are at the stage where
you have complete information about your invention then you can directly go for
complete specification.
Novelty
Non-obviousness
Inventive step
Industrial application
Enabling
The examiner creates a first examination report of the patent application upon
reviewing it for above terms.
This is called patent prosecution. Everything happening to patent application before
grant of patent is generally called as patent prosecution.
The first examination report submitted to controller by examiner generally contains
prior arts (existing documents before the date of filing) which are similar to the claimed
invention, and same is reported to patent applicant.
In many cases, generic products are available in the market once the patent expires. With these
generic products from different companies, a competition in the market sets in. This results in
lowering of price of the product.
Evergreening of patents do not allow the price of a product coming down due to extension of
monopoly of the patentee.
In India, section 3(d) of the Patent Act, 1970 do not allow
-mere discovery of a new form of a known substance (without enhanced efficacy) or
-mere discovery of any new property for a known substance or
-mere discovery of new use for a known substance or
-discovery of mere use of a known process, machine or apparatus.
This is a section incorporated in The Patent Act to initiate resistance to evergreening of patents.
Thus, evergreening of patents are not be easy in India (in contrast to many other countries).
This brings in a relief for poor patients who depend on life saving drugs. It also helps in keeping the
price of essential drugs within the reach of common people.