What is a Patent?
A patent is a right that is granted by the government, to the owner of any invention or discovery. This helps the owner of the invention or the discovery to prevent the new invention from being used, made or sold without his permission. Although this itself defines the importance of getting an idea or a model patented, but apart from the same, one can also use the patents to raise funds for a business or for themselves. One can also sell the patented product or discovery to any third party.
Things that one need to remember while applying for a patent over his or her idea or work. The invention or the discovery made must be new. This means that the invention must not be in use in anywhere in the world. To make sure that one does not steal the idea or the invention, the owners have to be very much sure that they have well concealed the date and the information related to the invention prior to getting themselves patented. The second point that must be remembered is the fact that the new idea or the invention must be such that they add value to the previous inventions or make sure that they add something in addition to what is present in the society right now. The third and the most important point that one has to remember while getting the idea or the invention patented is the fact that the invention must have some type of practical use and must be useful to the society.
Type of Patents and its classification
Patents are of three broad categories. They are Utility Patents, Design Patents, and Plant Patents. To start with, Utility Patent is the type of patent that is used most commonly. This particular type of patient covers a large variety of intelligent properties and inventions, ranging from processes, compositions of matter to machines, and manufacturers. Design patent is used to get the shape or configuration of an object patented. In the case of a design patent, it is necessary that the object and its design must be inseparable. The last and the final type of the patent is the plant patent. This is used to get a patent for new and distinctive plants. In a case of a plant patent, one has to walk some extra mile to make sure that a few conditions are also met. The plant must not be a tuber propagated plant, the plant must not be found in uncultivated state and also that the plant can be asexually reproduced.
Although, when one matches all the above-stated points, there are a few criteria that they would not be able to get their inventions patented! These points are that any invention for the human body or animal body, any therapy or diagnosis would not be considered as a patent. Also, any invention, following all the above points would not be granted a patent, if it encourages any offensive or immoral behavior. Even though such inventions follow all the points stated above, but yet they would not be awarded a patent.
What is the procedure to acquire a Patent?
Acquiring the patent process is simple, although it is based on the country you belongs to as the legal proceedings may be following up differently in other nations.
- In the first step, you need to determine the type of property protection you need under the patent
- Now determine whether the concept is patentable
- The next step will be including the research in which you have to examine what kind of patents do you need whether design, plant or Utility.
- Now apply for the patent along with the basic fee required within it.
- Prepared the application with all the required information illustrating your concept, type or diagrams.
- Once your application considered right, your concept will be going under an examination procedure in which you have to work with an examiner assigned by the official department.
- The next step will be the result declaration. By this, we mean to say that the examiner if finds your idea meaning full he/she will be passing your project by giving it an approval.
- Work on the maintenance of the patent which will be including the fees which will be paid for the issue date for utility. If it is not done as per the guidelines your patent will get expired.