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How to Patent an app in India

 

What is Patent? 

We all hear this word quite often, but most of us might not know the exact definition of this term. A Patent is basically the right that is granted to the individual who applies for it. A Patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. It is granted by the constitution of the respective country.

We’re sure you’d want to protect your idea from this and that’s why you’re on this blog, read along and you will find out the important aspects that should be considered when you are planning to patent your App or software.

  • Check if the Idea is already Patented

We all get excited when an idea clicks and we realise it is helpful and you have never heard of it before. It’s definitely okay to be that and it is totally understandable. But before rushing to the thought of patenting the idea. One must do their research on whether it has already been introduced to the world. As per a recent survey of April 2021 there are 7.9 Billion people on the planet earth and it is highly possible that we might lack information on a certain matter. As they say, it is better to do your homework. Hence, it is a good practice to investigate the possibilities.

  • Hire a Patent Attorney

 

As this is a legal matter because Patenting an Idea is an Legal term, involvement of an Attorney is very much needed for proper guidance throughout the process. You can just hire the first attorney that appears on your google search, you will have to be very much thorough in choosing the right one for he must be knowledgeable enough to help you smoothly process through the legalities. 

 

Make sure to check below-given points before you register with a Patent Attorney:

  1. The Law firm of authority you are signing up with, must have a legal degree and license to practice law.
  2. Due to the prevailing pandemic a lot of things nowadays are operated digitally. Make sure to meet the entity in person and establish expectation clearance. 
  3. In your initial meeting with the attorney, his questions must knock you down with a feather. He should be competent.
  4. Communication plays a vital part in every partnership. The entity should be quick with their responses.
  5. Fees: As they say, it is better to talk about money before the start. This is actually a very important aspect. Both parties must be on the same here.

 

  1. Necessary requirements(Prerequisites for Patenting an App)

In this world,  there is always a list of particular things that you must check before proceeding with the idea. Same applies here too, in order to apply for the Patent, your idea must pass three questions, they are given below:

  • The App should be an invention

As we have already confirmed in the first point of this blog, you have to make sure that your idea is an invention. It must be new to the market, new to the industry and new to the population.  Your patent application is required to have a proof for the claimed invention.

  • The App should be useful and qualifies

The application idea that you intend to patent, should be useful to civilization. For example, if your application is for entertainment purposes then it might noy qualify. It should be fruitful in some way. It should also include a documented solution to a real problem.

  • The App idea should be new and unique

If your app idea qualifies the above given two points and is not new on the table, then will not be patented. No matter how many issues it solves, if it is existing out there not just in physical form but any form then it will not be patented. The idea should not have been disclosed to the public in any form such as text, video, audio or ebook etc. Then it will not be patented. Hence, make sure it is new and is never patented ever before.

Step by Step Guide to Patenting the App Idea

The step where you decide to go ahead with the filing process by writing an application is called patent drafting.

Step 01: Invention disclosure:

Invention disclosure is more than the simple completion of an institutional or corporate form to satisfy some policy requirement. It includes a complete description of something novel and nonobvious given in such a manner that anyone of ordinary skill in the particular art could reproduce the invention.the disclosure represents the first official recording of theinbention and, if done properly, can establish an irrefutable date and scope of the invention.

Step 02: Patentability Search

At this stage, your professional performs extensive research for prior evidence in all the possible databases. Further, he or she builds a patentability search report based on your invention. 

Step 03: Decision to file an application for patent

This is where the actual process begins. After detailed research about (any) existing history of your invention, you can decide if you want to go ahead with the patent application filing. 

Please note: Your invention must have an ‘inventive step’ as compared with existing prior art pieces to qualify for a patent. It must have either ‘technical advanced’ or ‘economically significant’ or both, over any existing piece of arts. The step where you decide to go ahead with the filing process by writing an application is called patent drafting.

Step 04: Patent drafting

You can choose to draft the application on your own or take a professional’s help to do this.

A patent application needs to describe an invention completely, and if you really are entitled to a patent then at least some aspect of your invention is new and non-obvious, which means that heretofore it hasn’t existed.

Step 05: Filing the patent application

After you are done with a review of your patent draft and are satisfied with the scope and details, you are ready to file for a patent. while submitting the patent application in the patent office. If you do not file a request for early publication, the patent application will be published on expiry of 18 months.

Step 06: Request for examination

This is the step where the applicant is required to request the Indian patent office to examine your patent application, within 48 hours. 

Step 07: Responding to objections (if any)

The draft and the report submitted to the officers in the patent office are thoroughly examined at this step. At this step, there is a chance for the inventor to communicate his novelty or inventive step over any other piece of art found during the assessment. If all the things are well clarified and solved, the patent application is almost ready to come to action. 

 It is an important decision whether to patent an app or not. Give it a good thought and consult the required personnels.

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