Steps to take while applying for a patent

Mansi Gaur, Lexgin IP

Patents and IPR now become prominent tools to safeguard your invention. In India, people are starting to awaken their interest in securing innovation and developing strong R&D teams for their businesses. Researchers also focus on developing IPR cells at colleges to protect their inventions.

A patent is a legal process to secure your novel invention from the rest of the world. Your invention must be novel, distinct, and have some industrial applicability too. This process appears to be complicated, but if you follow a few key steps before filing for your invention, it will be much simpler.

Patents are a valuable asset for businesses; by licencing patent standards, businesses can increase revenue and generate millions in royalties. In addition, with so much new technology entering the market, the research and development team has been strengthened. These assets are used by the companies not only for licencing but also for loan protection and sanctioning.

Previously, researchers focused on journal publication, but now is the time to switch for patent filing for your innovative ideas, which will definitely benefit you and your institutions. You are aware that all major universities around the world generate 70% of their revenue through research and innovation rather than tuition fees. So, for what we are waiting for, start filing patents for innovative research and make your effort notifiable at the global level.

The government is working on a number of initiatives, like Make – In – India, Skill India, Start-up India, and Skill India, as it introduces more creative techniques. As was previously mentioned, intellectual property serves as the foundation for innovative development, and as such, the Cell for IPR Promotion and Control has been working continuously to develop and market IP assets in partnership only with Office of Controller General for Patents, Designs, and Trademarks.

Action to take before filling for patent:

Confidentiality of invention:

Research work and all details about your invention didn’t disclose in rest of community before filling for patent. Patent grant is all about novel invention if someone else fill for it first the rights issue to them. Also goes for provisional patent to secure your innovation in ideation state it gives to 12 months time period to file for complete specification for respected research. Any publication of your work before filling of patent is not acceptable.

Sign NDA with people:

Before discussing your patent research related queries with anyone either your seniors, team member and patent attorney you need to first ask tthem to sigh an Non Disclosure agrrement, to secure any illegal activities for future. Don’t avoid this major step in your patent journey, this will makes your journey more flawless.

Seek guidance from patent attorney:

Patent agents are government approved peoples, they helps you to understand patent process in a better way. Guide you throughout the journey drafting, forms filling , payments and examination. They resolve your querries and make the whole process easy for you.

At Lexgin IP we are hear to solve your querries and professional solution based on your domain. Lexgin is your one stop solution for all patent related qurries.

Patent application process:

A patent application is a formal process with multiple tight deadlines that are typically not possible to be exceeded. Without a doubt, you shouldn’t rush into it. Before submitting your patent application, spend some time learning about the procedure and asking a patent attorney the whole of relevant questions. Ensure that you obtain information from trustworthy sources, such as the IpIndia or a patent attorney.

Patent search:

A prior art search will assist you in determining the current level of knowledge in a particular technological field and the novelty of your invention, particularly in terms of novelty and ingenuity. Online patent databases, such as Espacenet, a top-notch but no-cost patent database managed by the EPO, make it simple to retrieve patent materials. 2 billion patent documents from throughout the world are available on Espacenet.
Lexgin IP can assist you with patent searches at a reasonable cost. Patent searches increase your grant probability.

We employs search terms that describe your invention. We will then be given a list of comparable inventions to examine in more detail. As a result, you will learn about the most recent advancements in the concerned technical field and receive a patentability opinion. We can look up your competitors’ patents in the patents database to keep track of their actions and

Examine the costs.

When you inquire about the costs involved in submitting a patent application, your patent agent will likely provide you with a cost estimate that includes a service charge for drafting, filing, and the formal fees of filing and searching. Other fees, such as those for examination and early publication, Patent drafting is a crucial and important step. You need to calculate the cost of each step.

The standard fees process for patent filling at Lexgin IP is an end-to-end process that is easily acceptable to our clients.

Avoid all common misconceptions:

There are several myths floating around the industry about submitting for a patent. The best course of action would be for you to avoid any future misunderstandings. The most prevalent fallacy is that a patent does not grant the inventor the right to manufacture, market, or use the invention.

Only when another individual is attempting to market or convey the same vision does it save the owner. This isn’t the situation, and this false belief needs to be dispelled as as quickly as possible. You can ask your patent lawyer for any advise you might have, and you’ll undoubtedly get wise counsel from them.

Now, there are a few things to keep in mind if you’re a student who wishes to apply for a patent. applying for There are several myths floating around the industry about submitting for a patent. The best course of action would be for you to avoid any future misunderstandings. The most prevalent fallacy is that a patent does not grant the holder the right to manufacture, market, or use the invention.

Only if someone else is attempting to market or convey the same vision does it save the owner. That’s not the situation, and this false belief needs to be dispelled as soon as possible. You can ask your patent lawyer for any advise you might have, and you’ll undoubtedly get wise counsel from them.

Now, there are a few things to keep in mind if you’re a student who wishes to apply for a patent. A patent application doesn’t really make you rich. 

Need for protection in other countries?

Patent rights are territorial. You will only have protection in the countries where your patent is filed & granted. If you only operate in India, then an Indian patent may be enough.

If you plan to sell your invention in other countries you may need protection in those other countries. There are different routes available:

Apply directly to the country you plan to trade-in. Apply for an International patent through the Patent Cooperation Treaty. You should also seek the help of a patent agent if you are planning on applying abroad. If you want to apply abroad you will need to apply within 12 months from when you make your first patent application.

Frequently asked questions:

What steps consider before filling Patent?

Before applying for a patent, three factors must be considered: the novelty of your invention, its distinction from existing ones, and its industrial applicability. 

What is Indian Patent act?

The Patents Act of 1970 has several clauses that define Indian patent law. This law grants patent rights to inventions that cover innovative and inventive processes, products, or articles of manufacture that can meet the criteria for patent eligibility, including originality, inventive steps, and the potential for industrial application.

Read more:

Criteria of Patentability in India

Patent Filling Procedure in India