The patent filing is critical to get exclusive powers over it. If one doesn’t preserve it under the law, anyone can abuse it commercially once it becomes convenient to the public. To restrict others from utilizing, selling, or making copies, the inventor must get a patent.
History of the invention, possible prototypes, all the minor features about the invention. This is to get the inventive steps declared clearly and encourage them draft better rights for the patent. The draft should also involve the most beneficial aspect of the invention with the technical drawings, demonstrating the functionality of the invention. And whether it is a detailed or improved version of an previously existing patent.
No, once the invention is in the public area, it cannot be patented anymore. Inventors should not reveal their inventions before registering the patent application.
An invention needs to have these three main features to be patentable: i) Novelty – invention should be unique; and ii) Inventiveness (Non-obviousness) – needs to have an innovative step that makes the discovery unique; and iii)Usefulness/ Industrial service– it should not be a little prototype, it should be operating and has to have some use.
A provisional patent is legitimate for one year from the date of filing. If the complete specification is not registered within that one year then the application gets rejected.
A provisional patent is a temporary patent which is implemented when the invention is not achieved and is still in the experimental stage. Application for the permanent patent is made when the invention is concluded and ready to be patented for 20 years.
The provisional patent allows you to register your name upon the invention even before it is concluded. The patent is granted to the person who registers it first rather than the person who develops in the first place. A provisional patent can be registered even when the invention is only at a conceptual stage.
A patent filed and registered in India is legitimate only in India. To list a patent in other countries, a separate patent application should be registered with the respective countries or through PCT. No patent is global.
1. The patent expires if it has existed its full term i.e. 20 years. 2. The patentee fails to pay the annual renewal fee. 3. The validity of the patent has been successfully stimulated by an opponent by filing an encounter. 4. The patent is denied.
