Provisional (Idea) Patent Drafting
Complete/Non-Provisional Patent Drafting
Patent Filing in India
An idea or a concept can be filed as a provisional patent application in India which must be followed by filing complete patent application within 12 months.
A start-up can approach a patent lawyer to perform patent-ability search, patent draft and filing in India. The start-up shall need to present document specified by the patent lawyer to claim the start-up status.
A patent for ayurvedic medicine may fall under non-patentability criteria as per Section 3 (b)- 3(e). Although if an ayurvedic medicine is developed after processing a set of ingredients and producing efficient results which has not been provided previously, then it can become patentable depending upon the judgement of the examiner. Hence, a patent for an ayurvedic medicine or a herbal medicine becomes slightly cumbersome to get grant.
International Patent application or PCT or WIPO patent application may cost between ₹ 35,000 to ₹55,000 for an individual and ₹ 1,45,000 to ₹ 1,60,000 for a company. The costs are inclusive of official fee to be paid to WIPO.
Yes, an individual or group of individuals can receive a patent depending upon the strength of invention and drafting of the patent application.
For an idea patent, an inventor need to prepare a draft with disclosure of the idea, its potential application and outcomes in accordance with rules specified under Section 9 and 10 of Indian Patent Act.
An applicant/inventor can file a patent by direct visitation to patent office or direct online filing or through an attorney.
An inventor should have a granted patent or published patent with working prototype to approach a company for patent sales. The value of sale is determined by calculating a value of the patent. For e.g. – the demand amount of patent sale can be pegged at 15-30% of the calculated value of patent.
An Indian inventor can file a US patent in three mode:
a) Conventional Route – File an Indian patent and then after 6 weeks file directly a US patent through a US attorney or an Indian company providing services in US also within in 12 months from priority/filing date.
b) Direct Filing – Take permission for filing a US patent application directly through Form 25 and then apply the US patent through a US attorney or an Indian company providing services in US also.
c) PCT Route – File an Indian patent and then after 6 weeks file a PCT patent application. Following this, file a a US patent through a US attorney or an Indian company providing services in US also within in 30 months from priority/filing date.
A patent for food product follows stringent scrutiny and must be supported by experimental for increasing the chances of success. The patent filing and registration procedure is same as for other technical domains.
No, any abstract idea cannot be patented in India as specified under Section 3(n).
Jewellery designs can be registered as Design application/ deisgn patent in Kolkata patent office.