Process of Getting a Patent

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Process of getting a patent

• -Inolyst

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Contents

• What can be patented?
• Getting started with patent filing
• Step 1 Patent Search
• Step 2 Patent Drafting
• Step 3 Filing a Patent Application

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What can be patented?

• According to the Patent Act of India for example,
  invention can be patentable when it meets the
  following criteria.
• Novel The idea presented with the specification
  has not been published before the date of filing
  of the patent application.
• Non- Obvious The invention should not be
  palpable to any skilled individual with domain
  knowledge. Thus ensuring that the technology or
  invention should not be available in any prior
  publication/knowledge/ document is a necessity.
• Useful to industry The attribute of utility
  should be attached with any invention, so that it
  can be made or used in the industry.
• The above step is critical for the invention to
  get patented and is your answer for when to file
  for a patent.

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Getting started with Patent filing

• Now, lets understand the patent filing process
  which is almost similar in India, US, Europe or
  any other developed country.
• Before getting involved in the process of filing
  a patent you need to decide what type of patent
  to be filed. Provisional patent application and a
  non-provisional patent application are the most
  common type of patent applications startups or
  companies choose.
• Once you are clear about your choice of patent
  filing, the process of patent filing is to
  understood carefully.

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Step 1 Patent Search

• Prior to filing a patent, a lot of things need to
  be done in a systematic manner. Patent search,
  being one of them. A Patent search also known as
  Prior art search or novelty search, which gives
  one a detail overview about the invention status
  with regards to its originality in the market. An
  inventor can themselves do a quick patent search
  using free tools like Google patent search engine
  but to get a confirmed understanding on the
  patentability aspect it is recommended to seek
  professional help from an expert patent
  consultant.
• In this stage one also need to understand what
  can be or what cannot be patented. For instance,
  laws of nature, physical phenomena, abstract
  idea, literary works, music and artistic work
  cannot be patented at all.

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Step 2 Patent Drafting

• Then comes the writing stage also known as patent
  drafting wherein the invention is being defined.
  The entire process is categorized to elaborate
  what the invention can solve, how actually it
  works, who are the target market and how it is
  different from other existing solutions or
  inventions in the market.

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Step 3 Filing of the Patent Application

• Once the patent drafting stage is complete all
  one needs to concentrate is the filing of the
  patent application at the chosen patent office.
• In accordance to your business interest one can
  do the patent filing in India, US, European
  countries etc. or at their respective Patent
  office.
• As a startup in India if you are looking to file
  a patent, Inolyst is the right place to get
  started. With an experienced team of patent
  agents who have filed more than 200 patents in
  various domains, you can be rest assured of the
  best IPR solutions for your innovation.