There are multiple categories of Patent Registration in India. In other words, you can patent your invention into different categories. For example, Patent Registration in India for Drones can be done for utility as well as design.
Each category has different benefits and it is also possible that your invention may belong to more than one category of patent registration.
Therefore, it is important for every business to know about types of Patent Registration. It benefits in avoiding confusion, saving money, time as well as get the right benefits that you need.
The three major types of Patents are as follows:
- A utility patent registration is granted to an inventor who creates something new, discovers something, or makes a small but useful modification to an existing product, process, machine, or manufacturing unit.
- It may also be referred to as a “little patent” or “innovation patent.”
- Not all countries offer utility patents. However, countries such as China, Brazil, Japan, Italy, and the United Arab Emirates do offer them.
- India also does not offer Utility Patent Registration and therefore. Inventors in India can obtain a utility patent from the United States Patent and Trademark Office (USPTO).
- The USPTO will evaluate an invention’s validity and determine whether it is currently in use before awarding a patent.
- An inventor who obtains a utility patent can use it to assert exclusive rights over their invention by preventing others from making, selling, or engaging in other commercial activities without their permission for a certain period of time.
- When a utility patent is obtained, the overall structure of the invention and its various characteristics are protected, and even if it seems unique, the invention should not already exist.
- There has been a Global Increase in Patent Registration and it’s best to consult an expert for understanding the procedure for obtaining the Utility Patent Registration in India.
Benefits of Utility Patent Registration
- Utility model patent registration only requires preliminary appraisal, not comprehensive examination like the traditional patent process.
- Furthermore, Utility model patents are suitable for products that are gradually improved with little adjustments.
- Utility model patents completely protect goods from infringement, and are difficult to challenge without convincing evidence.
- If a utility model patent is granted, no one has the right to replicate it for commercial sale or display.
- Rivals cannot release any illegally copied products, as they can be sued for infringement and demanded to return earnings.
- Patent holder’s profits and reputation of patented products increase, with no competitors in the market.
- Safeguards like exclusive rights and market barriers encourage more inventions.
- A design patent is a form of legal protection that covers the unique visual features of a manufactured product.
- If a product has a distinctive configuration, surface decoration, or both, it may be eligible for a design patent.
- Essentially, a design patent protects an object’s aesthetically pleasing design while still preserving its functional purpose.
- Design patents have a patent protection period that begins 14 years after the patent is granted.
Understand more about Design Patents through an example, read our post at: How to Patent Jewellery Design in India?
Benefits of Design Patent Registration
- Design patent applications have a higher success rate than utility patents.
- Design patent applications are reviewed more quickly, sometimes approved in just one year.
- Design patent is ideal if the design is crucial to the product’s sale.
- Design patents work well for exterior replacement parts when owners want the exterior to resemble the original, such as vehicle replacement parts.
- A plant patent can be obtained to protect new and unique plants.
- To be eligible for this type of patent, the plant must not be a tuber propagated plant (e.g., an Irish potato), and it must not be found in an uncultivated state.
- Additionally, the plant must be capable of being asexually reproduced, which means that instead of reproducing through seeds, the plant is reproduced through cutting or grafting.
- Asexual reproduction is necessary for plant patents because it serves as evidence that the patent applicant can reproduce the plant.
- Plant patents have a patent protection period that begins 17 years after the patent is issued.
Benefits of Plant Patent Registration
- Patenting a plant gives the right to stop others from manufacturing, selling or importing without permission.
- Protection is for a predetermined period, keeping competitors at bay and allowing for exclusive use of invention.
- Patents can be licensed for others to practise or sold, providing revenue for your business.
In conclusion, it is crucial for businesses and inventors to have a clear understanding of the different categories of patent registration in India.
Each category offers unique benefits, and the right choice can help save time, money, and ensure that the right benefits are obtained.
The three major types of patents in India are Utility Patents, Design Patents, and Plant Patents, each with their own set of criteria, benefits, and limitations. It is recommended to consult with experts to understand the process of obtaining patent registration and to make informed decisions.
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