The need to protect an invention is of utmost significance for the inventor. The essence of a patent is known to one and all. To reinforce, with a patent, the inventor gets legal protection for his invention so that no second party or individual can copy or use the invention without prior approval.
Take Expert Help
The inventor initiates patent filing in India. It is the primary step, and a lot depends on the effective processing of the application so that the protection can be received in the shortest possible time. However, the process, by no means, is short or simple. On the contrary, patent filing can be a tedious process in India until the inventor chooses to hire a patent lawyer or a licensed patent agent in India for guidance. While the application process requires meticulous detailing, there is another step before the filing is done. The Patent Search requires in-depth search to ensure that the said invention is unique and novel and no close resemblance exists in the database. Also, the patent filing does not apply for certain kinds of inventions in India, and it is pertinent that the invention meets the required criteria before it is considered for patenting. All of these nitty-gritty details can make the process overly complicated. Hence, inventors, individuals or business entities, foreigners or Indians, should consider hiring patent experts in India.
Who is Responsible for Patent Filing in India?
As per the Patent Laws in India, the filing process can be done either by an individual, a proprietorship firm, or a partnership firm. In the case of an individual, the patent can be filed by the original inventor of the invention, or an assigned person by the true inventor, or a representative of the deceased first inventor or their assignee.
In the case of a proprietorship firm, the patent filing has to bear the name of the proprietors. When it is a partnership firm that is the patent applicant, the name of all the partners must be mentioned in the application.
Patent Filing Process in India
The application needs to be filled in with all detail, including the minutest details. Many believe that drafting the application is an art, and only experts having technical and linguistic proficiency should be hired during the drafting process. If the invention is still underway and the R&D work is still on, the inventors should apply for a provisional patent application.
