1. Types,Benefits and Costs of Patents
DR SUMITHA J
ASSOCIATE PROFESSOR
DEPARTMENT OF MICROBIOLOGY
JBAS COLLEGE FOR WOMEN,CHENNAI-18.
2. TYPES OF PATENT APPLICATIONS GRANTED IN INDIA
‣ Provisional Patenting Application
‣ Non-Provisional Patenting Application
‣ Convention Patenting Application
‣ International Patenting Application under the PCT
‣ Patenting Application in the National Phase of the PCT
‣ Divisional Patenting Application
3. PROVISIONAL PATENTING APPLICATION
It is a temporary kind of application, filled when an invention is under process or
experimentation is not yet finalised.
The Indian Patent system follows the ‘First to File’ system on a first-come, first-serve
basis.
The application should be brief and drafted meticulously.
To prevent or protect an invention, an applicant may file a provisional patenting
application.
4. NON-PROVISIONAL PATENTING APPLICATION
It is considered a regular utility patent application.
It protects your intellectual property from companies or people who may try to make,
use, or sell your invention.
It includes a full description of your invention with all the variations, designs,
compositions, methods, etc.
5. NON-PROVISIONAL PATENTING APPLICATION-FORM
This application form is very long
The following items are included in a comprehensive specification: –
‣ An introduction to the invention
‣ The invention’s technological field
‣ The invention’s history
‣ The invention’s objects
‣ A description of the creation
‣ An explanation of the drawings in a few words
‣ A thorough explanation of the creation
‣ Complaints
‣ Synopsis
‣
6. CONVENTION PATENT APPLICATION
Convention Patent filing allows an individual to benefit from the primary application by
retaining its priority date;
it is filed in the Patent Office, claiming a priority date based on the same application
previously filed.
Application is to be filled in the patent office in India within one year from the actual date
of the first application.
7. INTERNATIONAL PATENT APPLICATION UNDER THE PCT
Under the PCT, you can file an international patent application.
A PCT Application is a worldwide application.
Even though the application does not assist in the preparation of international patent
applications, it does pave the way for a faster patent application process in several
nations.
The Patent Corporation Treaty, that can be validated in as many as 142 countries, governs
patent rights.
This filing would safeguard an invention in these nations from being duplicated.
8. PATENT APPLICATION IN THE NATIONAL PHASE OF PCT
The application enters the National Stage PCT application within 31 months of the
relevant date.
A PCT patent application’s National Phase is similar to a national filing in a particular
country.
That country’s Patent Office indeed decides to accept patent protection in a given nation.
9. DIVISIONAL PATENT APPLICATION
These applications were filed after the original patent application because of the
mentioned multiple inventions.
Here, an applicant can split his application into two or more applications and furnish
details if it claims to include various inventions.
It’s a patent application that incorporates information from an earlier application (original
application).
Each inventor’s multiple innovations are protected separately by this ‘Divisional
Application’.
The priority date for these applications is similar to that of the original application.
10. BENEFITS OF PATENTS IN INDIA
1. Exclusive access to every right from the time of early filing
Patent registration begins bestowing the inventors with the benefits right
from the first step, i.e., the time of filing for the patent. The applicant gets the
security and surety that no other person or company could claim ideas
similar to his invention, as soon as he files the Provisional Patent Application.
If someone else applies for the same patent, his request will get rejected for
the filing period, which is 12 months in India.
11. BENEFITS OF PATENTS IN INDIA
2. Freedom to make changes
The patent law entitles the owner to use his ideas in any way for the
permitted period. It means that the owner owns full freedom to utilize, sell, or
even modify the original invention and to prevent others from making profits
from the same ideas without his consent. With the granted patent, the
inventor gets the ability to sue the user whom he finds infringing his patent
rights. Note that patent infringement is a criminal offence.
12. BENEFITS OF PATENTS IN INDIA
3.ROI (Return on Investment Sometimes, the owner finds that his invention is
not bringing good outcomes for him and therefore, wants to hand it over to
any other deserving or successful person. Once obtained, the patent rights
allow him to earn a good amount of ROI, i.e., returns on his investments by
commercializing the invention.
13. BENEFITS OF PATENTS IN INDIA
4.Opportunities to get a good market reputation Patent rights enable the
inventor to get a noticeable market status and improve his portfolio by
uncovering the invention publicly. It then helps him in building up a good
relationship with consumers and competitors that ultimately add to his
revenue.
14. BENEFITS OF PATENTS IN INDIA
5.Public disclosure
Patent rights allow public disclosure that helps the inventor in building up his
portfolio along with increasing the funds, market value, and business
partners. Sharing information that pertains to the invention publicly will
demonstrate the inventors’ specialization and good command over the
technical subject-matter. All these facts benefit the owner by attracting
leading and high-end investors, shareholders, business partners, and
consumers.
15. COSTS OF PATENTS
The official patent cost for filing a patent application is
₹1,600 for an individual
₹4000 for a small
₹8000 large entity
Attorney fees for drafting a provisional patent application can range from
₹20,000 to ₹35,000.
16. COSTS OF PATENTS-PROCESS WISE
Initial patent filing ₹15,000.
Fee for filing a provisional patent application: ₹20,000
Filing a comprehensive patent application :₹30,000
17. COSTS OF PATENTS
Research for patentability in India: It is an optional step that takes eight to ten working
days to process and costs ₹10,000.
To write and file a patent: For a person, a small business, or a large organisation, the
official charges for applying are ₹1,600, ₹4000 or ₹8000.
Request for Immediate Publishing: It is also an optional step; the official charges for
seeking earlier publishing are ₹2500, ₹6250, or ₹12500 for individuals, small
businesses, and non-small enterprises.
18. COSTS OF PATENTS
Request for an investigation:
Individuals filing charges are ₹4,000,
Small business filing charges are ₹10,000,
Other than Small business filing charges are ₹20,000.
Objections towards the examination report (response): Legal expenses for
responding to the patent office’s examination report range from are ₹6,000 to
₹80,000 based on the complexity and number of objections.
19. COSTS OF PATENTS
Request for Immediate Publishing:
It is also an optional step; the official charges for seeking earlier publishing
are ₹2500, ₹6250, or ₹12500 for individuals, small businesses, and non-
small enterprises.
Request for an investigation: Individuals filing charges are ₹4,000, small
business filing charges are ₹10,000, and other than small business filing
charges are ₹20,000.
20. COSTS OF PATENTS
Objections towards the examination report (response): Legal expenses
for responding to the patent office’s examination report range from are
₹6,000 to ₹80,000, based on the complexity and number of objections