what are 3 requirement's of Patents in india ?
Introduction
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What is a patent?
A patent is a form of intellectual property that gives inventors the exclusive right to make, use, and sell an invention for a limited period, usually 20 years from the filing date of the patent application. In exchange for this exclusive right, the inventor must publicly disclose the details of the invention, so others can learn from it and build upon it.
Protection of an invention
To obtain a patent, inventors must file a patent application with the appropriate government patent office, such as the United States Patent and Trademark Office (USPTO) in the United States or the European Patent Office (EPO) in Europe. The application goes through a rigorous examination process to determine whether the invention meets the patent criteria.
Once granted, a patent holder has the exclusive right to make, use, and sell the patented invention, and they can license or sell these rights to others. Patents are important because they encourage innovation by providing inventors with the opportunity to profit from their inventions and protect their ideas from being used by others without permission.
Patent applications: the three criteria
Patent applications must satisfy the following three criteria:
- Novelty
This means that your invention must not have been made public – not even by yourself – before the date of the application.
- Inventive step
This means that your product or process must be an inventive solution. It cannot be a solution that would be obvious to a manufacturer. Take the example of a different attachment method. Instead of welding the tubes of a swing together, they might be screwed together. This may well be a new method of making swings. But for someone involved in making them, it is too obvious a solution to be called an inventive step.
- Industrial applicability
This criterion implies that it must be possible to actually manufacture the new invention. In other words, you can apply for a patent on a new kind of playing card that is easier to hold than existing cards. But you can’t obtain a patent for an idea for a new card game.
These rules are laid down in the Patents Act 1995.
How Auriga Accounting Helps In Patent Registration ?
Documentation Preparation: They can help inventors prepare the necessary documentation for the patent application. This includes technical descriptions, drawings, and other details about the invention.
Patent Search: They can conduct a comprehensive patent search to ensure that the invention is novel and does not infringe on existing patents. This step is crucial before filing a patent application.
Application Filing: They can assist in filling out and filing the patent application with the relevant patent office. This process involves detailed paperwork and adherence to specific guidelines.
Communication with Patent Office: They can communicate with the patent office on behalf of the inventor, addressing any inquiries or requirements from the patent examiner.
Legal Assistance: While not legal representatives themselves, these services might work in conjunction with patent attorneys or provide basic legal advice regarding the patent application process.
Follow-Up and Maintenance: After the patent is granted, these services can help with the necessary follow-up procedures and maintenance requirements, ensuring that the patent remains in force.