What are stages of development of a successful invention?

What are stages of development of a successful invention?
What are stages of development of a successful invention?

Identification of a problem that needs to be solved.

• Inventing a solution to the problem, which works.

• Developing a prototype or being able to demonstrate the invention to prove how it works.

• Filing a patent application to protect the invention so that it can be disclosed to other people.

• Arranging the manufacturing and marketing of the invention either through one’s own company or through licensing.

• Each stage requires its own particular expertise and resources. It is essential that the early stages are satisfactorily completed before moving on. Experience shows that taking short cuts does not pay.

For example, it is hard to get investors or potential licensees to appreciate the benefits of a particular invention if the prototype is very crude and does not work properly. Similarly there is little point in filing a patent application until one is satisfied that the invention can be shown to work.

There can be some overlap between the last two stages however. If it is possible to make some progress with manufacturing and marketing without compromising the patent position, then one should do this. As mentioned elsewhere, very often the later one files the patent application the better.

Is there provision for extension beyond time limit of 12 months?

Is there provision for extension beyond time limit of 12 months?
Is there provision for extension beyond time limit of 12 months?

There is no provision for extension of time beyond the period of 12 months.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

It is possible to file an international application known as PCT application in India in the Patent Offices located at Kolkata, Chennai, Mumbai and Delhi.  All these offices act as Receiving Office (RO) for International application. The addresses of these offices are available on the website of CGPDTM i.e. www.ipindia.nic.in.

An invention relating either to a product or process that is new, involving inventive step and capable of industrial application can be patented. However, it must not fall into the categories of inventions that are non- patentable under section 3 and 4 of the Act.

What happens when applicant is not able to meet the requirement within the prescribed time?

What happens when applicant is not able to meet the requirement within the prescribed time?
What happens when applicant is not able to meet the requirement within the prescribed time?

If the applicant is not able to comply with or meet the requirement within 12 months, or does not submit the documents which were sent to him for compliance within the said period, the application is deemed to have been abandoned.

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law. Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed. As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime. The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

Can any invention be patented after publication or display in the public exhibition?

Can any invention be patented after publication or display in the public exhibition?
Can any invention be patented after publication or display in the public exhibition?

Generally, a patent application for the invention which has been either published or publicly displayed cannot be filed. However the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in a exhibition organised by the Government or disclosure before any learned society or published by applicant. The details conditions are provided under Chapter VI of the Act (Section 29-34).

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

Are there any differences in the filing of patent applications in respect of microbiological inventions and other inventions?

Are there any differences in the filing of patent applications in respect of microbiological inventions and other inventions?
Are there any differences in the filing of patent applications in respect of microbiological inventions and other inventions?

An inventor is required to deposit the strain of a microorganism in a recognized depository which assigns a registration number to the deposited microorganism. This number needs to be quoted in the patent application. Obviously a strain of microorganism is required to be deposited before filing a patent application.

It may be observed that this mechanism obviates the need of describing a microorganism in the patent application. Further, samples of strains can be obtained from the depository for further working on the patent. There are many international depositories in many countries, which are recognized under the Budapest Treaty.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

What is the Budapest Treaty?

What is the Budapest Treaty?
What is the Budapest Treaty?

This is an international convention governing the recognition of deposits in officially approved culture collections for the purpose of patent applications in any country that is a party to it.

Because of the difficulties and on occasion of virtual impossibility of reproducing a microorganism from a description of it in a patent specification, it is essential to deposit a strain in a culture collection centre for testing and examination by others. The Treaty was signed in Budapest in 1973 and later on amended in 1980. India has become a member of this Treaty, with effect from December 17, 2001.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

What is the date of priority?

What is the date of priority?
What is the date of priority?

The date of priority is the date on which the patent application either with provisional specification or with complete specification is filed at the patent office.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Criteria of patentability – 

An invention to become patentable subject matter must meet the following criteria –

  1. It should be novel.
  2. It should have inventive step or it must be non-obvious.
  3. It should be capable of Industrial application.
  4. It should not fall within the provisions of section 3 and 4 of the Patents Act 1970.

From 20th July, 2007 the Indian Patent Office has put in place an online filing system for patent application.  More information for filing online application is available on the website of Patent Office i.e. www.ipindia.nic.in. This facility is also available for filing trademarks application.

When an application for patent is published?

When an application for patent is published?
When an application for patent is published?

Every application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. However, following applications are not published.

  1. Application in which secrecy direction is imposed
  2. Application which has been abandoned u/s 9(1) and
  3. Application which has been withdrawn 3 months prior to 18 months.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.

What does a patent application contain?

What does a patent application contain?
What does a patent application contain?

A patent application has the following information –

  • Bibliographic – It is in structure format. It contains the title of the invention, date of filing, country of filing, inventor’s name etc.
  • Background of the invention or State of the art –  In this the inventor lists the state of the art available on the date of filing his invention. Here the inventor lists the shortcomings/drawbacks found in the state of the art and defines his problem.
  • Description of the invention – In this the inventor describes his invention duly supported by a series of workable examples alongwith diagrams/charts, if needed. The invention has to be described in complete details, so that any person, who is skilled in the art can work out the invention.
  • Claims –  In the last, the inventor has to bring out a series of claims establishing his rights over the state of the art. It is this portion, upon which the protection is granted and not on the description of the invention. This has to be carefully drafted.

Is there any relationship between the Paris Convention and the TRIPS Agreement?

Is there any relationship between the Paris Convention and the TRIPS Agreement?
Is there any relationship between the Paris Convention and the TRIPS Agreement?

It has been made mandatory for the member countries of the TRIPS Agreement to comply with the Article 1 to 12 and Article 19 of the Paris Convention.

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

Patent protection is territorial right and therefore it is effective only within the territory of India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India.

Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.