Types of Patent & patent application in india

Know All About Different Types of Patents

Are you curious to explore different types of patents? Patents, in simple words, are legal documents that protect your inventions. They grant exclusive rights to the inventor for a specific duration, enabling them to prevent others from making, using, or selling their invention without permission. In India, there are many types of patents, each catering to different kinds of innovations. Additionally, there are different types of patent applications that aspiring inventors can file.

Let’s dive into this realm and unravel the different types of patents & patent applications  in India.

Types of Patents in India

Utility Patent Type

A utility patent, sometimes known as a “standard patent,” protects new inventions as well as improvements to existing items, processes, or devices. It is the most frequent type of patent and provides protection for 20 years from the date of filing.

Design Patent Type

Design patents focus on safeguarding the unique appearance or aesthetics of a product. They protect the ornamental or visual aspects and exclude protection for functionality. In India, design patents have a tenure of 15 years from the date of registration.

Plant Patent Type

Plant patents are only granted for new asexually reproduced plant species. Patent filing in India provides 18 years of protection from the date of issuance and is essential for individuals working in horticulture or plant breeding.

Types of Patent Applications in India

Provisional Patent

A provisional patent application acts as a preliminary step towards obtaining a patent. It provides a filing date and a year’s time to file a complete application. It offers a quicker initial filing option without extensive details.

Think of a provisional patent application like a rough sketch or outline before making a detailed drawing. It’s a first step in getting a patent that gives you a date and a year to finish all the detailed work. This way, you can secure your spot and buy time to fully develop your invention without needing all the intricate specifics right away.

Ordinary/Non-Provisional Patent

An ordinary or non-provisional patent application is a complete document that details the specifications, claims, and drawings of the invention. It is rigorously examined and serves as the foundation for granting a patent.

This application is carefully reviewed by experts to determine whether it is unique enough to warrant a patent, which grants the inventor exclusive rights for a set period of time. This application is the key to obtaining the invention’s special permission.

Conventional Application

A conventional application is one that is based on an earlier application filed in a convention country. It is submitted within a year of the priority date.

A typical application enables inventors to use a prior application from one nation as the foundation for applying for a patent in other countries within a defined time limit while retaining the benefit of the original filing date.

PCT International Application

The Patent Cooperation Treaty (PCT) international application simplifies the process of seeking patent protection and patent application status in multiple countries. It provides a unified application procedure and extends the time before filing in individual countries.

PCT National Phase Application

After the international phase, the PCT national phase application is filed in individual countries where patent protection is sought within 30 or 31 months from the priority date.

During the national phase, the inventor needs to meet the requirements and follow the specific procedures of each country where they seek patent protection. Each country might have its own set of rules, forms, and fees that need to be adhered to when submitting the national phase application.

Application for Patent of Addition

Imagine someone making something really cool, like a special gadget. Later, they had some great ideas to make it even better. So, they filled out a form, like a report, to add those new ideas to their original report about the gadget. This new report gets connected to the first one and gets the same date as the first report.

This process is called an application for a patent of addition.

They filed a paper in order to defend their concept. But then they improved on it! They made some changes to improve it. They could file a new paper every time they make a change, but they can instead use a “Patent of Addition.” It allows them to add the new information to the first paper they submitted without having to create a bunch of new ones.

Divisional Application

A divisional application is filed when the original patent application covers multiple inventions. It allows for separate consideration and filing for distinct inventions within the parent application. So, a divisional application is a bit like taking each type of toy and putting them in their own separate boxes.

For example, imagine that a patent application is like a big box holding many different ideas. A divisional application is like splitting that big box into smaller ones. This helps to separate each idea so they can be looked at and filed separately, even though they were all in the same big box before.

Remember, when you apply for a patent, it’s not just a piece of paper. It’s super important because it helps keep new ideas safe, inspires people to come up with cool stuff, and pushes different areas of work forward. In conclusion, understanding the different types of patents and patent applications in India is crucial for inventors aiming to protect their innovations.

Why choose Sailakshmi for patent application filing in India?

Sailakshmi is really good at helping with patent applications filling in India. We know a lot about how to apply for patents and can help you through all the steps. We are experienced and can guide you well through the whole process.

At Sailakshmi, we work with a team that is well-versed in patent registration. We take great care when filling out patent application status forms to ensure that they are properly completed. This helps to ensure that the application is not rejected or takes too long.

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