Patenting and commercializing an invention can be costly, time-consuming and requires a range of skills you may not possess. Furthermore, as a first time applicant, you probably are not aware of the legalities involved.
We strongly recommend you seek advice from a patent attorney. We are sure you would not purchase a home without professional assistance, and yet obtaining a patent is more complex. If you get it wrong from the outset, it can be impossible to correct an error, resulting in a lost opportunity to protect your invention.
History of Patent Law in India
You can apply for a patent if you are:
- In 1911, the Indian Patents and Designs Act was enacted, providing basic protection to patents.
- The Patents Act, 1970 is the legislation that till date governs patents in India. It first came into force in 1972.
- The Patents Act has been repeatedly amended: 1999, 2002, 2005, 2006. These amendments were required to make the Patents Act TRIPS-compliant.
- The major amendment was in 2005, when product patent was extended to all fields of technology like food, drugs, chemicals and micro organisms. 2005 was the final deadline for complete compliance with TRIPS. The Rules under Patent Act were also amended in 2012, 2013, 2014.
The true and first inventor of the invention
The assignee of the person claiming to be the true and first inventor in respect of the right to make such an application
The legal representative of any deceased person who immediately before his death was entitled to make such application
Don’t replicate something that’s already patented
You don’t want to waste your time, money and energy by applying for a patent for an invention that isn’t new. It is advisable to search in patent databases to check if someone else has already thought of your invention before you!