Tag Archives: patent drafting
Can the details of my invention disclosed in the patent application be maintained as a secret?
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Author: invntreepatent
May 15, 2013
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Often innovators wish to have their innovation protected by a patent, and at the same time are concerned that, publication of their patent application will enable competitors to copy their innovation. A common question posed by innovators is, whether it is possible to protect their innovation by a patent and at the same time restrict details of the information disclosed in their patent application from public access. A simple and straight forward answer to the previous question is, NO, it is not possible to get patent protection and at the same time restrict details of the information disclosed in the patent application from public access.
In order to understand the reason behind why such a provision is not extended to inventors, one will have to look at some of the fundamentals of the patent system.
First of all, the patent system enables a patent owner to stop third party from commercializing his patented technology. In other words, third party should know what technology is patent protected, so that they do not infringe on existing patents. Hence, details of the technology that is protected by patents have to be made public information.
Secondly, the patent system in essence is designed to encourage improvement in science and technology. In order to encourage such improvement, innovators are given an incentive, i.e. patent rights for 20 years, in exchange for disclosure of their technology. By making these disclosures available to the public, the system enables public at large to understand state of the art and bring about further improvements. Therefore, the fundamentals of the patent system do not permit grant of patent rights while preventing public access to details disclosed in the patent.
Having said that, some countries, such as US, will withhold publication of the patent application, subject to certain conditions, only till a patent is granted. However, once a patent is granted, the granted patent will be eventually published.
In India however, the patent application will be published after 18 months from the filing date (priority date) of the patent application. In case the patent applicant does not wish to have the patent application published, then the only option is to withdraw the patent application. The withdrawal of the patent application has to happen 3 months before the date the publication of patent application is supposed to happen. In case of withdrawal, the patent application will not be available for public access, and at the same time, the applicant looses the opportunity of a potential patent grant corresponding to the withdrawn patent application. In certain scenarios, such as change in the business environment, applicants explore the above option.
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Can I apply for a patent before creating a prototype?
Author: invntreepatent
February 14, 2013
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Generally inventors wonder whether they can apply for a patent before creating a prototype.
A simplistic answer to the question is, YES, one can apply for a patent before creating a prototype of the product.
Now let’s go to the reasoning behind the answer.
Every patent application has to be accompanied by a patent specification. The patent specification should explain your invention in sufficient detail so as to enable one having ordinary skill in the field of the invention, to practice your invention. Section 10(4) of the Indian patent act states what has to be included in the patent specification. A part of the aforementioned section is provided below:
(4)Every complete specification shall—
- fully and particularly describe the invention and its operation or use and the method by which it is to be performed;
- disclose the best method of performing the invention which is known to the applicant and for which he is entitled to claim protection;
It shall be noted that, depending on the product and the field of technology, one may be able to “fully and particularly describe the invention and its operation or use and the method by which it is to be performed” without actually building a prototype. However, in some scenarios, one might have to build a prototype to be able to describe the invention in the required manner. In essence, it is not mandatory, according to the Patent Act, to have a working prototype before applying for a patent.
In certain scenarios, the patent office might request for a model or sample, illustrating the invention. Even in such scenarios, the model or sample will only have to be provided before the patent is granted. The applicant will have sufficient time after applying for a patent to create such model or sample. Hence, the patent applicant need not worry about creating such model or sample before applying for a patent, if he can describe the invention adequately. The relevant section, which is Section 10(3) that corresponds to submission of model or sample, is reproduced below:
10(3) If, in any particular case, the Controller considers that an application should be further supplemented by a model or sample of anything illustrating the invention or alleged to constitute an invention, such model or sample as he may require shall be furnished before the application is found in order for grant of a patent, but such model or sample shall not be deemed to form part of the specification.
It shall be noted that, making a prototype is not only a time consuming process, but also fairly expensive. If an inventor refrains from applying for a patent till the prototype is prepared, it may delay his patent filing process and in turn the priority date . In the mean time, if someone files for a patent for the same product, they will have earlier priority, and their invention will act as prior art for your invention, even though others might have invented the product after you did.
In such scenarios, he will be eligible for a patent grant, as in many countries of the world, including India, the patent systems follows a 'first to file' and not 'first to invent' concept. Hence, if the inventor feels that he has sufficient details about the invention to enable a person with ordinary skill in the field to practice the invention, even before building the prototype, he should ideally consider filing for a patent.
We hope you found this article useful. You may be interested in reading our other related articles:
- Should an inventor take professional help to draft and file patent applications?
- At Which Stage Should I Apply for a Patent?
- How can I find out whether my invention is patentable?
- Should I apply for a patent in the name of my company or in my name?
- Can the details of my invention disclosed in the patent application be maintained as a secret?
- Can publicly disclosed inventions be patented in India?
- Should I apply for a patent before publishing my invention?
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Team InvnTree
Patent Application Filing in India
Author: invntreepatent
February 4, 2012
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Patent Application Filing in India
We believe that a patent specification should be drafted meticulously. The objective of a patent should not be limited to just describing a technology, but also to effectively “protect” the technology. Protecting technology by drafting high quality patent specifications is an art that requires technical expertise and extensive knowledge of patent law. We have just the right kind of patent experts, who have extensive experience of catering to the US market, where quality standards expected is much higher. We use our collective experience to get the best protection your invention deserves!
We also strongly believe that, one should not settle for mediocre quality of services just because of their location. Hence, we empower you to avail the services of our patent experts from the comfort of your location through a proven and effective working model. Irrespective of your location, we have just the right working model for you!
Call one of our Patent Experts, Kartik, NOW at 09886334262. You may also write to us at [email protected] or use our contact form.
You may also read some of our easy-to-understand articles, which are even referred by patent experts, to gain better understanding of the Indian Patenting Process:
An overview of our working model is provided below:
Patent Application Filing in Bangalore – India
Author: invntreepatent
February 4, 2012
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Patent Application Filing in Bangalore – India
We believe that a patent specification should be drafted meticulously. The objective of a patent should not be limited to just describing a technology, but also to effectively “protect” the technology. Protecting technology by drafting high quality patent specifications is an art that requires technical expertise and extensive knowledge of patent law. We have just the right kind of patent experts, who have extensive experience of catering to the US market, where quality standards expected is much higher. We use our collective experience to get the best protection your invention deserves!
Call one of our Patent Experts, Kartik, NOW at 09886334262. You may also write to us at [email protected] or use our contact form.
You may also read some of our easy-to-understand articles, which are even referred by patent experts, to gain better understanding of the Indian Patenting Process:
