- An innovation patent is an exclusive right given by the government to the inventor to prevent others from using, producing, and selling the invention for a set amount of time. Additionally, a patent is allowed for enhancements to their prior invention. There are various types of patent applications that can be filed by the inventor to protect the invention.
- Modern terminology typically refers to the patent as the right given to an inventor for his invention of any novel, practical, non-obvious procedure, machine, manufactured goods, or material composition.
- To advance their cooperation in the area of intellectual property rights (IPR), the Danish Patent and Trademark Office (DKPTO) and the Department for Promotion of Industry and Internal Trade (DPIIT) of India signed a Memorandum of Understanding (MOU) on that subject on September 26, 2020.
What are the basic tests applicable for any invention to be patentable?
- First and foremost, the invention must be novel, which implies that it cannot already be in use. The Patent Law lists non-patentable subject matter in Sections 3 and 4 of the Patent Law.
- Second, the invention must not be obvious, which means that it must significantly improve on the prior invention; a simple shift in technique will not grant the inventor the right to a patent.
- Thirdly, the invention must be beneficial in a bona fide manner, which requires that it not only be employed in lawful activities but also benefit society as a whole. All the basic tests apply to all the different types of patent applications (which will be discussed in detail further)
What are the different types of patent applications filed in India?
There are seven types of patent applications that can be filed in India. These are-
1) Convention Application- Convention Applications are that type of patent applications that are submitted to the Patent Office that claim a priority date based on applications that are substantially similar to or identical to those submitted in one or more of the convention countries. An applicant must apply to the Indian Patent Office within 12 months of the date on which a similar application or the same was originally filed in the convention country in order to obtain a convention status.
2) Provisional Application- Provisional application is that type of patent application when an invention is still being tested and not finalized; a provisional application is a form of temporary application that is submitted. Provisional Application attracts various advantages to the inventor. Some of them are listed below-
- The applicant is given a year to thoroughly develop the idea and assess its market viability
- aids in establishing specific rights of precedence over the innovation
- The application gives the applicant the right to label their items as “patent pending.”
- The cost of preparing and submitting the provisional application is lower
- The applicant has a 12-month window in which to submit international applications and assert priority
3) Non-Provisional Application- A non-provisional application is a type of patent application that is submitted to the Patent Office without claiming any priority dates from applications made in convention countries or making any reference to any other applications already in the Patent Office’s processing queue. A thorough specification and all relevant claims for the invention should be included with an ordinary application. It is a type of patent application that is frequently filed by inventors.
4) Patent of Addition– Patent of Addition is that type of patent application if an applicant feels that he or she has discovered an invention that is only a slight improvement over an earlier invention for which they have already applied or obtained a patent, they may choose to pursue a Patent of Addition if the new invention does not contain a significant amount of inventive steps. During the duration of the primary Patent, there is no need to pay a separate renewal fee for the Patent of Addition, and both Patents expire simultaneously. The date on which the Patent Office receives the application for a Patent of Addition shall be used as the date of filing.
5) Divisional Application– It is that type of patent application when an applicant submits an application that includes claims for multiple inventions; the applicant may partition the patent application into two or more applications, as appropriate for each of the many inventions, at the applicant’s discretion or in response to an official objection. Divisional Applications are those applications that have been split out from the main or parent applications. The priority date will be the same for all divisional applications as stated by the parent application (Ante-dating).
6) PCT International Application- A PCT application is a type of patent application that can be approved in up to 142 nations and is governed by the PCT (Patent Cooperation Treaty). There are three ways in which an Indian can file a PCT application-
Submitting the application to the receiving office, i.e., the Indian Patent Office (IPO)
After receiving the overseas filing permit from the Indian Patent Office (IPO), submitting the application directly to the International Bureau (IB) of the World Intellectual Property Organization (WIPO)
After six weeks and within 12 months of filing the application in India, the applicant may submit it to the International Bureau IB of the World Intellectual Property Organization (WIPO)
7) PCT National Phase Application– PCT National Phase Application is a type of patent application where an applicant must submit the national phase application in India within 31 months of the priority date or the international filing date, whichever is sooner, where an international application is formed and made in accordance with PCT designating India.
There are various ways to safeguard your brand-new, original idea in India from any type of infringement by a third party. This patent protection is accessible not just in India but also in other nations throughout the world. The inventor just has to file the patent application out of the available different types of patent applications.
Therefore, it is necessary for anyone submitting a patent application in India to be aware of the fundamental prerequisites for submitting different types of patent applications in India. The patent applicant should always be aware of the many sorts of Indian patent applications and submit their application in the appropriate manner to the Indian Patent Office.
For the purpose of carrying out the process of applying for various forms of patent application for registration in India, the applicant should always seek the advice of a business lawyer.