Patent invention


Hello,
My friend has created an indigenous device that can save lives right now.

Patenting takes 6 months to 1 year, what is the proper channel which I should follow so that no one steals the idea of the invention.

I need to know the full procedure of what should I do?
This is IPR related.

 
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LEGAL

He has to patent his product as per the law and under rules but no other way around as someone can steal his idea and put him to loss.

 
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Thank you for replying.

What is the standard procedure?

 

 
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Hi,

In India as per the Patent Act of 1970, You cannot patent an idea for an invention. The invention itself has to be produced or a patent application containing the invention must be filed with the Indian Patent Office. In order for him to protect his invention he needs to be the first one to file for its patent or else if someone steals it he won’t be able to file a case on him. A person who has merely communicated the idea to another, who actually gave practical shape to the idea and developed the invention, cannot claim to be the first and true inventor. So your friends should file a patent application as soon as possible.

Registration Process in India

An application for a patent in the prescribed form along with the prescribed fee should be filed in appropriate office of the patent office according to the territorial limits where the applicant or the first mentioned applicant

The application should be accompanied by a provisional or complete specification.  If a provisional specification describes only briefly the invention, a complete specification should be filed within 12 months containing the claims. If this is not done, the application will deemed to be abandoned.

The complete specification should fully and particularly describe the invention and the method by which it is to be carried out.

The examiners of patents examine the application to check if it complies with the requirements of the Patent Act and the Rules, and doesn’t fall under any restriction. To see whether a similar invention has already been published or claimed or is the subject matter of existing or expired patents The examiner makes a search in publications available in the Patent Office and specification of prior applications and Patents.

After examination of the application, the objections if any to grant will be communicated to the applicant by the office. These objections can be overcome by suitably amending the descripttion of the invention and the claims and in some cases by insertion of the reference to the prior specification number. The controller of patent may after giving an opportunity of hearing to the applicant will refuse the application if not satisfied by the changes.

If the controller accepts the complete specification he will advertise it in the Official Gazette. From the date of acceptance to the date of sealing of the patent the applicant will get the benefits of the grant except that he will not be entitled to institute infringement proceedings until the patents is sealed.

Within three months from the date of advertisement, a notice of opposition can be filed in the Official Gazette. The Controller will forward the copy a copy of the notice of opposition to the applicant who to support their respective cases may file their evidence and the matter will be heard and decided.

If accepted without opposition, by requesting for sealing the applicant will be granted a patent. And can make a request for mentioning his name in the patent.

In respect of process patents relating to drugs and fruits, the term is five years from the date of sealing the patents or seven years from the date of filing the complete specifications. In respect of all other patents the term is 14 years from the date of patent.

A patent can be kept alive only by paying the renewal fee from time to time. No renewal fee is payable so long as the main patent remains in force.

I hope this solves your query.

Regards,

Archit.

 
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High Court Advocate IPR Attorney and RTI Activist

Mere idea or innovation shall not be patented as per Patents Act 1960. To qualify as patent the following are the essential requirements/tests to be satisfied.: 1. Novelty. 2. Utility. 3. Industrial application/usage.
 
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Greetings!

You may read the following article to find out the process of patent registration

https://www.lawyersclubindia.com/articles/patent-law-india-442.asp

Regards

Kavya

 
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