Patent can be Registered in India as per the Indian Patent Law. A patent can be registered by filing a patent application with the Indian Patent office. The patent application can be ordinary application, National phase application under PCT or a conventional application. Generally an ordinary application is filed with the Indian Patent office to obtain a patent. An ordinary application does not claim a priority from any other application.Further, after filing of a patent application, the patent application is examined by an examiner of the patent office. After examination of the application, a FER or first examination report is issued by the examiner containing a list of objections, to which an applicant or his authorized agent has to file a response. If needed, the examiner can call an applicant or his agent for a hearing. Once the examiner is satisfied with the response filed by an applicant, he may put the application in order for grant.
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
To patent an invention in India it should fulfil the patentability criteria of being novel and non-obvious. Thus if it is published, invention ceases to be novel and hence cannot be patented thereafter.
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
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 trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.
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 trademark would be more feasible. Literary and artistic works included within your app can be protected by copyright.common question bottom
For a software to be patented it must fulfil 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 government fee for a non-patentable invention.