How To Protect Inventions And Discoveries? 

The act of mixing thoughts and objects to create something new that did not previously exist is defined as innovation. Discovery, on the other hand, refers to unearthing something previously neglected or undiscovered. Let us consider how to safeguard inventions and discoveries.

Tools and equipment, commodities, materials such as textiles and chemicals, and procedures such as control, production, and manufacturing processes, as well as measurement methods, are all examples of inventions and discoveries.

How To Protect Inventions And Discoveries?

Protect- Inventions And Discoveries

You have the inclination as an investor or discoverer to claim exclusive rights to your creation/discovery and protect it against replication. The only way to safeguard inventions is to file for patents. If you have a patent, no one will be able to duplicate, sell, use, or import your invention. Patents can be applied for by businesses to prevent rivals from copying their unique offerings. Patent laws, in legal parlance, are a subset of property laws that allow inventors monopoly rights over their creations.

The prime objective of patents is to encourage research, technological advancements, innovations, and industrial development. In India, the proper to grant patents is reserved with the Indian agency – the workplace of DPIIT (Department for Promotion of Industry and Internal Trade).

However, not all inventions qualify for the application

Patentability of an invention

An invention is patentable in India if it’s the subsequent characteristics:-

  • It is brand new and has never existed before.
  • It also requires creativity.
  • It has a number of industrial uses.
  • It must not meet any of the conditions listed in Sections (3) and (4) of the Indian Patent Act, 1970.

Types of Patent Applications

Provisional Application: 

If your innovation isn’t yet ready or is almost ready, you must file a provisional application if you don’t want to push back the priority date. You must complete your innovation in this case within a year and submit an application that is properly signed.

Complete Application: 

This application is for completely finished innovations, as the name implies. A whole application should include complete details of the invention, the most efficient method for processing or executing the invention, any claims, and a concise abstract summarizing the innovation or discovery.

Convention application: 

If you submit an application to the Indian Patent and Trademark Office Database and request a priority date based on a prior application filed in a high convention nation, your application will be considered a convention application.

Patent Co-operation Treaty (PCT): 

WIPO manages a global application filed under the PCT (World holding Rights).

Patent of Addition:  

Use the patent of addition form if you wish to make small adjustments to an invention for which you’ve already submitted an application. No further application fees are required. The additional patent will also be cancelled if the majority of applications are rejected.

Divisional applications: 

You must file separate forms for each innovation if you want to get patent protection for several ideas. Because the parent application and both parents and divisional applications have the same priority date, one of them will be treated.

Brief Procedure of Patent Filing in India

  • In India, any individual, corporation, or HUF can apply for a patent. Individually or collectively, only the main inventor/inventors can file an application.
  • It should not be available inside the property prior to the submission of an application, and the scope of the invention should be clearly described within the patent draught.
  • To complete the application procedure, you must fill out all applicable paperwork. Then you must supplement the letter of invitation for examination within 48 months after the date of filing.
  • You must address any queries when the examiner submits the main Examination Report (FER). Or the examiner’s concerns within the FER within 9 months. If you do not make an attempt, your application will be cancelled.
  • If all of the compliance criteria, terms, and conditions are met, your patent will be granted, and the Patent and Trademark Office Database Journal will be notified.
  • Patents are valid for 20 years after which you must begin the patent renewal process.

Copyright Vs Patent Vs Trademark

“Trademarks, patents, and copyrights are all the same,” you may have heard. Do you ever feel as though they are all equally significant? Do you believe that copyrights provide protection for inventions? The answer may be as simple as “NO”.

Patents serve to protect inventions and promote the commercialization of new technologies.

When creating creative work, copyright difficulties could arise. They mostly show up in writing, commercials, and musical compositions. Copyrights allow you to freely alter, replicate, publicly perform, and distribute your work. Signs, symbols, designs, phrases, and slogans are examples of trademarks. They distinguish between the origins of the products and services provided by different organisations. Copyrights and trademarks do not require registration, in contrast to patents.

Therefore, the only way to safeguard your novel concepts and advancements is through a patent. Therefore, patents may assist you in obtaining monopoly rights, making money from your study, luring more angel investors if you’re a startup, and creating a name for yourself in the technology industry.