Definition
 

When the government of a country grants exclusive rights to an inventor to make, use, and sell an invention for a particular period, it is called a patent. However, the inventor has to disclose the invention publicly.

 

Description

The patent is valid for 20 years from the filing date. To be eligible, the invention must be original, non-obvious, and industrially applicable. The patent system promotes innovation by granting inventors a brief monopoly in exchange for public disclosure of their inventions. This legal protection assists innovators in obtaining financing and commercialising their inventions while contributing to scientific advancement and public understanding.​ 

Importance of patent
 

This is why patents are important:

• Patents are a catalyst for innovation, granting inventors the exclusive right to reap the benefits of their ideas. This protection not only stimulates investment in R&D but also bolsters technical progress and innovation across a wide spectrum of industries.
• Patents promote economic growth by protecting intellectual property and fostering new firms and sectors. They assist businesses in obtaining investment and commercialising their discoveries, promoting economic progress.​ 
• Public Disclosure: The necessity to publicly reveal the specifics of an invention as part of the patent process aids in the diffusion of information. Others can use this information to drive more innovation and improve existing technologies.
• Patents give firms a competitive advantage as they prevent competitors from replicating their inventions. This exclusivity enables businesses to establish themselves in the market, recover their investment, and obtain a higher return.​ 

How to File a Patent?

Here's a step-by-step guide on how to file a patent:

Step 1: Determine the Type of Patent

You need to determine the type of patent. A patent can be for new and valuable inventions or discoveries. It can also be for new, original, and ornamental designs. You can also file for a patent if you have distinct plant varieties.

Step 2: Conduct a Patent Search

Do some research on databases such as the United States Patent and Trademark Office (USPTO) or the European Patent Office (EPO). You can use Google Patents or other specialised search engines. Consider hiring a patent attorney or agent to conduct a thorough search.

Step 3: Prepare a Detailed Description

Choose a descriptive title for your invention. Write a brief summary of the invention, then describe the problem your invention solves.

After that, provide an overview of the invention and how it helps. Offer a thorough explanation with diagrams and drawings. Clearly define the scope of your invention in specific terms.

Step 4: Create Drawings

Ensure the drawings are clear, precise, and professionally done. Use reference numbers and detailed descriptions.

Step 5: Choose Where to File

Decide if you want to file a patent in one or multiple countries. You can consider the Patent Cooperation Treaty (PCT) for international protection.

Step 6: File a Provisional Patent Application (Optional)

A provisional patent application is cheaper and more straightforward. Then, establish a priority date to secure an early filing date for your invention. Then, you must file a non-provisional application within 12 months.

Step 7: File the Patent Application

Once everything is sorted, complete the required forms on the patent office's website. Pay the necessary fees and file online through the patent office's electronic filing system.

Step 8: Examination Process

If you get any reply of rejections or objections, respond promptly to any from the patent examiner. Make amendments to resolve the concerns.

Step 9: Approval and Issuance

Once the patent is approved, you'll receive a Notice of Allowance. You can then pay the issue fee to finalise the patent's publication process. 

Step 10: Maintain Your Patent

Once the patent is published, pay periodic maintenance fees to keep the patent in force. Once done, you can monitor for any unauthorised use of your patent and take legal action if necessary.

Emerging Trends that can affect a patent

Some of the trends that can affect a patent:

1. Automated Patent Searches and Drafting:

AI techniques are increasingly used to conduct prior art searches and help develop patent applications. These systems can swiftly analyse large amounts of data, lowering the costs and time associated with patent filing.

2. AI in Patent Examination:

Patent offices are starting to use artificial intelligence to help examiners assess applications more effectively. This discovery has the potential to accelerate the examination process and improve consistency in patent granting, inspiring confidence about the future of patent examination.

3. Decentralised Patent Management:

Blockchain technology has the potential to alter the way patents are maintained and enforced by providing a transparent and immutable ledger for transactions. This could result in more effective licensing, patent transfer, and patent usage tracking.

Example

Tata Motors holds several patents related to automotive technology. One notable example is their patent for the "Nano" car.

Tata Motors developed and patented various innovations in the design and manufacturing of the Tata Nano, which was known as the world's cheapest car at its launch. 

The patents covered the car's unique compact design, lightweight structure, and cost-effective production methods.

The Tata Nano was designed to provide affordable transportation to the masses in India, making car ownership accessible to a broader population.

The patents associated with the Tata Nano reflect Tata Motors' commitment to innovation, particularly in creating low-cost, efficient vehicles suitable for the Indian market.

 

FAQ

What is a patent?

A patent is a legal privilege awarded by the government to an inventor that gives them the exclusive right to create, use, sell, and distribute their invention for a set length of time, usually 20 years.

What is a product patent?

A product patent is a legal protection awarded to an inventor or patent holder that gives them exclusive rights to make, use, sell, or distribute the patented product. This sort of patent ensures that no one else can create or sell the product without the patent holder's permission, usually for up to 20 years from the filing date of the patent application. Product patents are critical for safeguarding tangible inventions and innovations in a variety of industries, including pharmaceuticals, technology, and consumer products.
 

What are the types of patent?

There are three primary sorts of patents:

• Utility patents are granted for the invention of a new and useful process, machine, manufacture, or material composition, as well as a new and useful improvement thereof.
• Design patents are granted for novel, original, and ornamental designs for manufactured goods.
• Plant patents are issued for the invention, discovery, and asexual reproduction of a separate and new type of plant.