Upgrad LLM

does a new idea require a patent quickly?

Regional Manager


I received few responses on the above topic on a social networking site. Kindly mention how much you agree or disagree with the following patent attorneys:-

@Umesh As per me whatever idea we have in our mind appears lucrative and innovative. But as we all know that filing a patent application is a very costly and time consuming process. So if you want to save time and money both, i suggest you to first evaluate your ideas viability and if viable the next phase should be the patent-eligibility opinion. 

I strongly recommend the above mentioned strategy and there is a complete process that i normally recommend my clients. My process helps them to evaluate the potential of their invention and patent-eligibility at the same time and then we have a session with the client where we have a detailed discussion about various routes of filing a patent application and getting it issued as a valid patent in shortest time period.


@Hussein In reference to your below E-mail kindly be advised that in order to consider the new idea as a patent there are some conditions that deemed to be existed as follows: 
1- The new invention must be industrially applicable 
2- It should involves an inventive step, whether connected with new industrial products, new industrial processes, or a new application of known industrial processes 
3- The patent might also be granted not only as independently invention but also for any modification, improvement or addition to a previously patented invention, which meets the criteria of being new, inventive and industrially applicable. 

Accordingly if the new idea includes the above mentioned conditions, therefore we recommend to register it as a patent quickly. 


@Lakshmi In case of a new invention and not merely an abstract idea, it is best to file at least a provisional specification as soon as possible as the right to a patent is for a person who is first to file the same. Additionally, the earlier the application is filed, the person is also entitled to an earlier priority date. lf the complete data is not available with the person at the time of filing the provisional specification, he still has one year to compile all the data necessary for filing the complete specification.

LL.M. Student

patent right is proprietary in nature. and the procedure in INDIA is really typical in comperision of U.S. and so many other countries. But now its the time of globalization we should talk about INTERNATIONAL PATENT. As we are following the PCT , in that manner we can have international patent. 




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