Being an inventor or budding inventor, an individual might have lots of questions in mind.. Such as..how to obtain patent for my invention? Is my invention patentable? Can I file patent by myself? etc. There must be certain basic guidelines that are already known to the patent practitioners to help the inventors. Inputs are invited for helping the inventors and scientist how to apply and protect intellectual property.
also if some patent guides/mentors or agents are available..
You should read following links;
1. Patents Laws in India & Intellectual Property Laws
http://madaan.com/patents.html
2. Indian patent office
https://en.wikipedia.org/wiki/Indian_Patent_Office
Dear Dr. Chowdhry,
Good Day,
I agree with both Colleagues Dr. Yadav & Dr. Ahmed fully, and you can go through either links that I attached for you here. You can assess yourself even though it belongs to USPTO, because I think all the rules of IP are the same everywhere( International)
http://www.uspto.gov/inventors/assessment/start.html
http://www.uspto.gov/inventors/assessment/
Aman,
I will try to answer each of the questions in your post:
1) How to obtain patent for my invention?
Each country has specific rules and criteria that you must meet in order to get a patent in that country. There are also special procedures such as the Patent Cooperation Treaty (PCT) which allows you to file in multiple countries 148 countries http://www.wipo.int/pct/en/ . I would strongly advise professional advice in this matter.
2) Is my invention patentable?
Each country has different standards to meet. For example non-obviousness (US) and Inventive step(UK) are guided by different case law that may make the process more stringent in a specific area(for example, software) within that country. Seeking professional help in this regard
3) Can I file patent by myself?
The short answer is yes. The long answer is that it depends on how much time are you willing to invest on getting familiarized with patent procedures. if you are thinking of patenting in the US you can start by using as reference the book patent it yourself (http://www.nolo.com/products/patent-it-yourself-pat.html). Most people stop here but it is not enough. The book will provide enough background so that you can tackle the following references:
- Manual of Patent Examining Procedure (MPEP) http://www.uspto.gov/web/offices/pac/mpep/
- Landis on Mechanics of Patent Claim Drafting 3rd Edition
by Robert C. Faber
4) Any Patent help in India (Protection of Intellectual Property)? I have reached out to several IP agents and attorneys in India. If you want to I can forward the information offline(though I have only had talks with them on potential patenting of my work in India).
Although I am not a lawyer(and all actions that you take should be consulted with one), I am currently developing research and commercial software in this area and will gladly offer whatever advise I can.
I would be happy to reply all your queries pertaining to patents.
Feel free to reachme.
Regards,
Abhishek Saini 09810275945
You may submit your queries here http://bit.ly/abhisheksaini
Dear Mr. Chaudhary:
I would be glad to assist you in obtaining patents.
Feel free to reach me personally at 9160775550 or write to me at [email protected].
Kind Regards,
Samita Kapoor
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