Greetings,
Are you an inventor, researchers, student or any other person who want to create something unique or creative? Do you have a question like this in your mind? If your answer is “Yes” then you are at right place. I am receiving many answer requests like this on social media platform named “Quora”. Therefore, I decided to create a post on this subject. If you have a question like this in your mind then please stay here and read my answer.
In one line your answer is
“Mere just an idea is not patentable, You have to work on it.” An idea is worthless until and unless it is unique and creative. If you think your idea is unique, creative, Novel, Non- Obvious and capable of Industrial Application then you may consider filing your patent application.To file a patent in India please check my previous post How to file a Patent in India? If you still want to know your duties as an inventor, continue reading this post:
Your duties as an Inventor
Before taking next steps or present your ideas in front of Attorney or Expert, You have to follow some steps which are:
A.) Document your invention
Documentation is a very important step before presenting your ideas in front of Attorneys or Agent. As you know, Time is money and Attorneys or Agent time is very valuable. If you take your invention seriously then you will get the same response from another side also. Therefore, Create proper documents or atleast rough sheets to represent your ideas in front of attorneys. It is also called “Inventor’s Notebook”. And also,Please remember to date this conversation and keep it in a safe place. Also, keep it in secret place so that only you can access this notebook.
What should be included in the notebook?
1. About your idea.
2. How did you come across this idea?
3. Rough drawings or sketches of your idea.
4. What makes your idea so unique to market?
etc.
After that convert your thoughts into writing and idea into the product, Now put your thoughts and imagination into the “inventor notebook” like this:
1.) This is my product.
Write something about your product in your inventor notebook.
2.) Rough Drawing or Sketches of my product.
Draw Rough drawing or sketches about your product.
3.) Is the product unique or new to the market?
Write something about your product uniqueness, novelty about the product.
4.) How did I come across this idea?
Just write something here on your “inventor notebook”.
5.) Your target customer or market
B.) Create a working Prototype.
C.) File it.
Detailed steps to filing a Patent Application in India→
Indian patent office is trying their best to make filing process as user-friendly as possible. Now, An Inventor can also file Patent Application without following any hard scientific rules and regulations. Intellectual Property Office of India gives us an online tool to eFile Patent Applications easily and effectively. In this post, I will explain “How to file patent applications in India”
According to Section 9 of Indian Patent Act 1970, There exist two types of patent specifications:
1. Provisional Patent Specifications.
2. Complete Patent Specifications (Non-Provisional according to USPTO)
These are the basic applications that can be filed in Indian patent office.A complete specification must be filed within 12 months of filing provisional patent specifications.
Documents required to file Provisional patent applications in India
Your documents must be in order. Without proper documents and specifications, you are throwing a stone in the river without knowing where it will go. Mentioned below are the lists of documents that are required to file a provisional patent application in India.
A. Form 1 ( Application for grant of patent)
B. Form 2 (Provisional Specifications)
C Abstract of the Invention.
D. Form 5 ( Declaration of Inventorship)
E Form 26 (Power of Attorney). If your patent is filed by a Patent Agent then this form is necessary, otherwise not.
F E-filing fees (Patent Statutory fee) (Electronic Payment)
G. Form 3 (Corresponding foreign patent application statement and undertakings)
H. Priority Document ( This is used for convention applications if priority date is claimed)
I. Illustrations/Drawings of the invention.
How to file Patent Application in India
All types of forms are available online. Click here to read the next steps in pdf manual.
Important information:
Before filing a patent application, you must perform patent prior art search. Patent prior art search is an important step before filing a patent.
Important Links:
1. How to perform a patent search?
2. How to file a Patent in India?
3. How to patent an idea?
Suggestions
After documentation, I suggest you to use the services of an Intellectual Property Lawyer in India
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