Essential Conditions Before Applying for Patent

Before discussing the conditions for applying for patent, let’s see what patent is. Patenting your invention has become essential to protect your rights as an inventor. It can be a task of the utmost importance as it allows the inventor the rights to use the invention alone. He/she can have a monopoly over the invention for a certain period of time. Intellectual property is of utmost importance to secure the rights of the inventor.

After being granted a patent, the owner can do anything at his discretion. He can sell the patent, use it for his own monetary purposes or give someone other the right or license to use the patent. As far as the intellectual property is a concern, there is a difference between the creations and inventions. Only the inventions can be patented by a patent. They are of the patentable category. Only inventions can consider as of patentable quality. The law gives equal protection to a person who invents a patent or someone who arrives at the results through arduous and methodical research.

There is no particular definition for an invention. However, we can say that an invention is something that is of a technical character. It should provide a technical solution to a technical problem or provide a technical contribution to the prior art.

The things you can patent are:

  1. Processes: business processes, computer software, engineering methods, etc.
  2. Machines: anything that has the capability of performing a function.
  3. Articles of manufacture: it covers anything that can manufacture.
  4. The composition of matter: chemical compounds, artificial genetic creations, pharmaceuticals

If you want to Apply for Trademark Registration, you can go with Apply Trademark.

What Is Not The invention?

The following inventions are not patentable if you are applying for a patent:-

  • An invention which is lacking in sense or which claims anything obviously contrary to well established natural laws
  • An invention of the primary or intended use of which would be contrary to law or morality or injurious to public health
  • The mere discovery of a scientific principle or the formulation of an abstract theory
  • The mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant
  • A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance
  • The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way
  • A method or process of testing applicable during the process of manufacture for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture
  • A method of agriculture or horticulture
  • Any process for the medicinal, surgical, curative, prophylactic or other treatment of human beings or any process for a similar treatment of animals or plants to render them free of disease or to increase their economic value or that of their products
  • Inventions relating to atomic energy not patentable

Essential Conditions For Applying For Patent

Before applying for a patent, these are the essential conditions that must fulfill:

  1. Novelty

The invention must be novel. It must not know to anyone before you file a patent. It doesn’t matter how by whom or where in the world it has been made known. So,  It will be counted as known even if you yourself have used or published it.

  1. Subject Matter

The invention must cover the subject matter as per the law to qualify for a patent. A patentable invention is the one with the new and useful process. Machines are patentable but laws of nature aren’t. You can get a patent for new robots but not for sunlight.

  1. Industrially applicable

The invention should be industrially applicable and must have some implications and benefits in the industry. It should be something that can ease the procedure and help in either simplifying the process or minimizing cost. New ways of combining known methods or objects are not necessarily patentable.

  1. Non-obviousness

The invention must be non-obvious. It means that it cannot be something that is the next logical step to a pre-invented product or machinery or any kind of stuff like that.

So here are some of the essential conditions that a person must consider while applying for a patent. You need to take care of all the above things before going for filing a patent.

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By |2018-10-27T10:59:11+00:00June 27th, 2018|Patent Registration|

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