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FAQ of Patent Registration

FAQ of Patent Registration

Q1. What can be patented?

Answer:- It can be any invention related to work, manufacturing, the machine, process, computer software, or any other which was never introduced to the public before. If a patent is granted in India does it mean that it will protect my invention outside India as well? A patent granted in India is applicable only in India i.e. a patent owner cannot exercise his rights outside India. If the patent owner wants to get protection in countries outside India then they can apply for the same in other countries within 12 months of getting a patent in India. common question bottom

Q2. Should I patent my publication before or after publishing the details of the invention?

Answer:- To patent an invention in India it should fulfill the patentability criteria of being novel and non-obvious. Thus if it is published, the invention ceases to be novel and hence cannot be patented thereafter.

Q3. Do I need professional help to draft and file an application for a patent on my behalf?

Answer:- No, the patents are granted on the condition that the details will be disclosed to the general public. Hence it is not possible to keep it a secret. common question bottom

Q4. Is it possible to keep my invention secret after getting a patent for it?

Answer:- This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act. If you wish to protect just the logo and designs used then a trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.

Q5. Common question top Is it possible to patent my app?

Answer:- This depends on the element of the app which you wish to protect. If it’s the technical idea that you seek protection for then getting it patented is a good option. The technical idea should be to meet the patentability criteria laid down in the Act. If you wish to protect just the logo and designs used then a trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright. common question bottom

Q6. Is it possible to get my software-related invention patented?

Answer:- For a software to be patented it must fulfill the patentability criteria of being novel, non-obvious (inventive step), and industrial applicability. Also, it should not be falling under the category of non-patentable items, etc. To ensure novelty, it is recommended to take expert help for conducting a patentability search so that you do not incur a government fee for a non-patentable invention.

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Setindiabiz is an organized team of experienced CA, CS, & Lawyers, duly supported by a pool of trained accountants & paralegal staff that provides quality & affordable compliance services to startups & small businesses in India. The views, statements and recommendations expressed in this article or post are only for the sole objective of providing information, and it does not constitute professional advice or recommendation of the company. Neither the author nor the company or its affiliates accepts any liability for any loss or damage arising from any information in this article or any actions taken in reliance thereon.

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