Filing a patent in India provides strategic competitive advantage to companies and business owners.
Provisional patent drafting requires sufficient disclosure of the invention as per patent office requirements. Innovation in technology and business models is very important for the economic security of the ecosystem and the continued growth of the nation. Many industries are being reinvented and new business models such as the energy issues that are currently under discussion. The energy issues have become a challenge for entrepreneurs and businesses because there is a limit to how much governments can do to protect the public interest when it comes to innovation in technology. However, when an innovator or businessman sees that a solution to their problem can be provided through their innovation in technology or business models, they are more likely to seek patent protection on their ideas.
This has been happening more lately. A person or a company that develops an idea that is worthy of protection with patent protection is likely to get a lot of support from the government and many business groups. Often, the incentives for companies to seek patent protection for their innovations are not as great as the rewards when they actually secure the patent rights.
Types of Patents
Various types of patent applications can be filed in India, including:
- Provisional Patent Application
- Complete Patent Application
- PCT International Phase Patent Application
- PCT National Phase Patent Application
- Paris Convention Patent Application
Provisional Patent Application
Generally, filing a provisional patent application forms the first step of patent process in India. A provisional patent in India can be filed by an inventor (individual or natural person), group of inventors, or a legal entity (company or a research organization). The applicant may or may not be an Indian national.
There are multiple advantages of filing a provisional patent application, as discussed here.
Complete Patent Application
A complete patent application can be filed directly or within 12 months of filing a provisional patent. Drafting a complete patent application that is to be filed in India requires detailed disclosure of the invention, including abstract, claims, formal figures (patent drawings), brief description and detailed description of best mode of carrying out the invention.
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Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.
Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.
Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).
Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.
Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filings, patent services in India and global patent consulting services.
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