How to Patent an Invention in India
With the occasional controversy of patent infringements popping up every couple of months, many countries have streamlined their patent process. Patents have become necessary so that the moment a brand-new product hits the market, some other company does not make a few modifications to the original design and patent it as their own creation. Follow these steps to learn how to patent a product or invention in India.
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Things You'll Need
- A novel invention which can be used commercially and does not already exist A credit card or an equivalent of 1,000 Indian rupees if you are a citizen or 4,000 Indian rupees, if you are non-Indian.
Instructions
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Staking Your Claim
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Once you have a new invention in hand, go online and look for already existing patents in the field of your particular intervention.
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You have to make sure that your patent is filed under the right category, before you fill in the application. For that, you have to look at the criteria, which says that the invention has to be unique, innovative and it can be used commercially and profitably. It should also be something that cannot be made by an average intellect.
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Make sure that the product or invention does not already exist. Also, patents on indigenous natural products are steadily being disallowed by countries all over the world, after the basmati rice controversy, when an Indian and Pakistani product was patented in the United States. This controversy flared up when Indians found that their indigenous products like basmati rice and neem oil were placed under American patents. This meant that for every kilo of basmati rice exported to America, the company that held the patent was earning a royalty. As thousands of tons of basmati rice were being brought into America every single year from India and Pakistan, the owner of the patent earned millions.
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Go to the Indian government website, where you can complete the appropriate application form.
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Save the application in XML format, as this will help upload your file in its appropriate niche.
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Pay the registration fees of 1,000 rupees for Indians and 4,000 rupees (about 82 U.S. dollars) for non-Indians. Once the packet has been uploaded properly, you'll get a notification. Remember to check the status of your application after a couple of months. The total patent fees will be 100,000 rupees (for Indians), if you want to go through all the extra bylaws and rules. A non Indian will have to pay 300,000 rupees (over $6,000) more.
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Tips & Warnings
Be aware that herbal rediscoveries made up of indigenous natural products do not come under the category of inventions. You can always confirm the status of your application by checking the website, rather than sending e-mails.
