Legal Guide

Patent search and intricate details of a patent application

by Mandvi Singh · 4 min read

Patent application

Intellectual property has a very important role to play in the development of any country and to decipher whether they are on a road to success they need to make some need for changes to promote inventions and protection of intellectual properties. Intellectual property can be segregated into 5 broad categories which include patent, copyright, trademark, geographical indications and traditional knowledge. The applicability of patents in the current world is huge. The industrial applicability of patents is the reason why any industry can make new products and bring upgrades to the existing ones.

What are patents?

Anything that has been invented by the human intellect which is got the industrial application to it can be regarded as a patent. The three most important criteria that a patent search report needs to fulfil are novelty, non-obviousness and usefulness. If these criteria are not met, then a patent cannot be granted and then it will be regarded as prior art.

Main Features of Patent

  • Novelty: this means that any patent application which is filed in the Patent Office Needs to be new. If your invention is not known then the point of seeking a patent is diminished and can we regard it as double patenting. Double patenting means seeking a patent for the same invention twice.
  • Non-obviousness: this means the invention that you are putting forward in front of the Patent Office needs to be non-obvious. Anything that has been around for a long period of time and has international applicability cannot be stated as a new invention. This feature is added in the patentability criteria just to make sure the idea of double patenting and ever-greening is avoided. The end goal of a patent is to make sure that the public can make the most out of these inventions but if the idea of non-obviousness is not inculcated in the basic definition of patent then the purpose of a patent is not being fulfilled to its core.
  • Usefulness: this criterion can be regarded as one of the major and the most useful feature of the patent which states that the industrial applicability of a patent is an integral part of seeking its protection. One cannot demand a patent for something that might be dangerous to mankind and has got nothing to do with the development of the human race. So usefulness plays a very important role in determining whether a patent application is worthy of being proceeded forward or it needs to be stayed and abandoned.

What are the different kinds of protection that a Patent offers?

The sole purpose of providing patents is to make sure the rights and interests of the inventor are protected and he or she can reap the benefits of such intellectual invention for a set period. This designated time can be different in India to that of other countries but after the expiration of this. Patent lose its protection and is open for public use. So the major kind of protection that a patent offer includes:

  • Economic protection

This means that they have the right to prevent will stop anyone from using their patent without their permission hence deterring the commercial exploitation of their property.

  • Moral protection

This includes the moral obligation to enjoy the name of such invention and the right to seek mentioned in places where the patient is being used with their permission.

How long does a patent last and is there a way to extend this period?

When it comes to deciphering what is the set time for providing patent protection, eating broadly comes down to 20 years from the date of filing of the patent application. There are two types of patent application provisional and non-provisional. The 20 years’ time is calculated from the official filing which is a non-provisional application. Hence one never got calculates the life of our patient from the grant but from the date, it has been filed.

And the facilities of extending this period of protection is not available keeping public benefits in mind. This feature is added to make sure commercial exploitation by business giants is limited and the public doesn’t have to face the wrath of Overpriced inventions. After the expiration of this 20 years’ time, the patent is available for public use.

Conclusion

A patent is an exclusive right that is granted to an inventor for anything that he produces or is on the way to processing. Patents are regarded as technical solutions to any future or current problems and that is why it is important to seek protection to such kinds of inventions. The design which Crocs used for its statement slipper which was clogs has now become public design as it has Dennis scores and 20 years Expired. The same is the case with other inventions that have done their course and are now available for public use. Patent protection and the authorities who administers its functioning have a lot to offer to the world and if they fail in delivering it then innovation and future growth are hampered.

Your unique work needs to be protected by a patent so that no one else takes benefit of your unique work unduly. Consult a lawyer to know the patent registration process.

Mandvi Singh

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Mandvi Singh

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