How to get a product patent in india [Last Infos]



Last updated : Aug 17, 2022
Written by : Tasha Billegas
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How to get a product patent in india

How can I get patent rights for a product in India?

  1. Step 1: Conceiving your Invention.
  2. Step 2: Patent Search and Drafting.
  3. Step 3- Filing the Patent Application.
  4. Step 4- Publication of the Application.
  5. Step 5- Request for Examination.
  6. Step 6- Respond to the Objections.
  7. Step 7- Grant of Patent.

Can I file patent myself in India?

Yes, Individual can file as patent application in India. The cost for filing individual is 80% lesser than the legal entity. You can read more detailed information at Patent Fee for Obtaining a Patent in India and also patent application filing procedure in the attached links.

How do you get a patent on a product?

  1. Patent Public Search.
  2. USPTO Patent Full-Text and Image Database (PatFT)
  3. USPTO Patent Application Full-Text and Image Database (AppFT)
  4. Global Dossier.
  5. Patent Application Information Retrieval (PAIR)
  6. Public Search Facility.
  7. Patent and Trademark Resource Centers (PTRCs)

Is Indian patent valid in US?

If a Patent is found to be invalid, it is revoked in all countries at the same time. Indian Patent Law only applies to patent disputes where the patent application was published but before the patent was granted. While the USA has a re-examination process that is different from that of the opposition party.

How can I get a patent with no money?

The Patent Pro Bono Program attempts to match inventors with registered patent agents or patent attorneys. These practitioners volunteer their time without charging the inventor. However, the inventor still must pay all fees that are required by the USPTO; these cannot be paid by the practitioner.

Can I file patent myself?

You can file a patent application on behalf of yourself or your co-inventors. Alternatively, you can hire a registered patent agent or attorney to file your application for you. Patent applications require both legal and technical expertise and even small mistakes can dramatically compromise the value of the patent.

What Cannot be patented in India?

Plants and animals in whole or any part thereof other than microorganisms. Mathematical or business method or a computer program per se or algorithms. literary, dramatic, musical or artistic works, cinematographic works, television productions and any other aesthetic creations.

How do I get my idea patented?

  1. Step 1 – Verify the Idea is Eligible For a Patent.
  2. Step 2 – Keep a Detailed Record of Everything.
  3. Step 3 – Make a Prototype.
  4. Step 4 – Apply For a Provisional Patent.
  5. Step 5 – Hire a Patent Attorney.
  6. Step 6 – File Your Patent Application.

What are the 3 types of patents?

What kind of patent do you need? There are three types of patents - Utility, Design, and Plant. Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or compositions of matters, or any new useful improvement thereof.

What is Amazon patent?

Amazon filed the 1-Click patent in 1997 and it was granted by the USPTO in 1999. In fairly broad terms, it protects any E-commerce transaction executed with one-click using stored customer credentials to validate.

Do patents expire?

Patent Expiration Utility patents expire four, eight, and 12 years after issuance of the patent if the maintenance fees are not paid at these points in time. The patent actually expires at 3.5 years, 7.5 years, and 11.5 years, but there is a six-month grace period in which to pay the maintenance fee.

Which inventions are not patented?

  • Laptop and Cell Phone.
  • Computer Mouse.
  • Emoticon.
  • Karaoke Machine.
  • Assault Rifle.
  • Tetris.
  • Matches.
  • Antibodies.

How much money do you get from a patent?

If the corporation makes an offer, it will typically be anywhere from $50 thousand to $8 million, and can be higher. On the other hand, an inventor trying to simply market an issued patent to corporations, is likely to get anywhere from $5,000 to $35,000.

Who got the first patent in India?

On 3 March 1856, a civil engineer, George Alfred DePenning of 7, Grant's Lane, Calcutta petitioned the Government of India for grant of exclusive privileges for his invention — "An Efficient Punkah Pulling Machine".

How do you patent a poor man?

The theory behind the “poor man's patent” is that, by describing your invention in writing and mailing that documentation to yourself in a sealed envelope via certified mail (or other proof-of-delivery mail), the sealed envelope and its contents could be used against others to establish the date that the invention was ...

Should I patent my product?

Patents are not legally required before you sell your product or profit from your idea. There are many products and services sold in the United States that are not patent-protected. However, a patent is necessary if you want to prevent others from making marketing, selling, or importing your invention.

Can I get paid for my ideas?

The short answer is yes. Companies may pay you directly for your ideas, and there are certain companies that are constantly looking for new ideas for their business or product lines. One way to get started is to do some research on your idea, and see if, in fact, it is a new, creative idea.

Can I patent without a lawyer?

Legally speaking, nothing prevents an inventor from preparing a patent application (or provisional patent application) without a lawyer. Indeed, thousands of inventors regularly do so, using self-help guides such as Nolo's Patent It Yourself, Patent Pending in 24 Hours or Online Provisional Patent Application process.

How much does it cost to patent a product?

A patent attorney will usually charge between $8,000 and $10,000 for a patent application, but the cost can be higher. In most cases, you should budget between $15,000 and $20,000 to complete the patenting process for your invention.

How long is a patent valid in India?

Patent protection is granted for a limited period, generally 20 years from the filing date of the application. Is a patent valid in every country?


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How to get a product patent in india


Comment by Sacha Imeson

Thanks for this great article


Thanks for your comment Sacha Imeson, have a nice day.
- Tasha Billegas, Staff Member


Comment by Burma

Thanks for this interesting article


Thanks Burma your participation is very much appreciated
- Tasha Billegas


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