How Can An Invention Be Protected?

Innovation drives progress, and protecting inventions is crucial for fostering creativity, economic growth, and technological advancement. Understanding how an invention can be protected ensures that creators retain exclusive rights, preventing unauthorized use and enabling them to monetize their innovations. In India, the primary mechanism for invention protection is through patents, which grant inventors statutory rights over their creations. Additionally, alternative intellectual property (IP) protections, such as trademarks, copyrights, and trade secrets, play a vital role in safeguarding inventions based on their nature. This comprehensive guide explores the criteria for patent protection, the steps to secure it, alternative protection mechanisms, enforcement strategies, and the latest government initiatives to support inventors in protecting their innovations effectively.

What Is The Protection Of Invention?

Protection of inventions forms part of the key steps that innovators must take to protect their Intellectual Property Rights (hereinafter referred to as “IP”). It helps in preventing unauthorized use and brings in economic and technological growth. The legal framework for protecting inventions in India is based primarily on patent laws. Apart from patent laws, there are additional forms of IP protection in the form of trademarks, copyrights, and trade secrets, depending on the nature of the invention involved.

Rights are granted to inventions over their product and the creator has exclusive rights over an invention. This is an incentive mechanism that ensures creators can benefit monetarily from their product. The most suitable protection mechanism for inventions in India is usually a patent.

What Is A Patent?

A patent is a statutory right conferred on an inventor or assignee for a new invention that has an inventive step and is susceptible to industrial application. The patentee is enabled with this right to prevent anybody other than the patentee from making, using, offering for sale, selling, or importing the invention during a given term of time. In India, the time period for patent protection is for 20 years from the date of filing of application.

Invention Protection

Protecting inventions in India requires an understanding of legal structures, taking care of process requirements, and commercially leveraging the pertinent IP rights. With strong patent regulations and government initiatives, India provides a conducive environment for innovators to protect their creations and spur economic development.

Also Read : Types Of Intellectual Property Rights

Eligibility Criteria For Patent Protection

To get patented in India, an invention has to meet the following criteria:

• Novelty: It should be novel. It means that it should be new and not a part of the prior art.
• Inventive Step: The invention must comprise an inventive step or economic importance that the man skilled in that art would not expect to be obvious.
• Industrial Applicability: The invention must be able to be used in an industry.
• Non-Exclusion: According to the Indian Patents Act, of 1970, certain categories are not applicable for getting a patent. This category includes scientific theories, mathematical methods, and business methods.

Steps To Protect An Invention Through Patents

To protect an invention through patents, you can follow the following steps:

Conduct a Patent Search

Before preparing a patent application filing, a prior art search is required to be conducted about the novelty of the invention. To that end, you can use tools like the Indian Patent Advanced Search System (IPASS), and international databases to identify relevant and similar inventions.

Drafting a Patent Application

A patent application is drafted with precision. The application provides the details of the invention with its functionality and claims. The inventor in India could file the following:

• Provisional Application: Filed for getting a date of priority and for giving a general description of the invention. Full Specification must be filed within 12 months
• Complete Application: Filed with the full specifications and claims

Filing the Application

The application can be filed online or at any one of the Patent Offices in India (Delhi, Mumbai, Chennai or Kolkata). Fee structure differs as per applicant type, which can be individual, small entity, or large entity.

Publication of Application

After 18 months, the application is published in the Indian Patent Journal unless a request for early publication has been made.

Examination Procedure

The patent examiner examines the application after filing Request for Examination for determining compliance with patent legislations. The applicant can be required to provide a response to objections submitted by the examiner.

Grant of Patent

If the application meets the total requirements and objections are resolved, then the patent is granted and published in the Patent Journal.

Post Grant Procedure

Patentee is liable to pay renewal fees annually so that the patent is able to remain in force. Also, patentees may license or sell their patent rights.

Alternative Forms Of Protection

While patents are the most prevalent form of protection for inventions, other forms of IP mechanisms are as following:

Trade Secrets

Inventions that cannot be patented (for example- a business process or formula) can be protected as trade secrets. Companies must maintain nondisclosure agreements and confidentiality policies for protecting these information.

Also Read : How Can A Trade Secret Be Protected?

Design Protection

If a new aesthetic or industrial design has been integrated into an invention, the Designs Act, 2000 can be applicable for protection. This grant rights for 10 years and can extend for another 5 years.

Copyright Protection

Primarily, copyright protection is granted to artistic works. However, a copyright protection can be provided to software embedded in an invention if it qualifies under the literary work provided under the Copyright Act, 1957.

Also Read : Copyright Protection in the Indian Music Industry

Trademark Protection

Distinctive branding in an invention that could be protected through trademark registration to safeguard brand identity and reputation.

Enforcement And Dispute Resolution

Following is the enforcement mechanism and dispute resolution regarding the protection of invention:

Enforcement Mechanisms

Patent owners may invoke their rights by:

• Injunction: Prevent unauthorized use of an invention.
• Damages: Recover loss that occurred because of infringement.
• Customs Measures: Prevents counterfeit goods arriving at ports

Dispute Resolution

IP disputes in India are resolved through:

• Litigation in the civil courts.
• Alternative Dispute Resolution (ADR) methods such as arbitration or mediation.

Recent Developments And Government Initiatives

Start-up Intellectual Property Protection (SIPP)

The Indian government helps in supporting the startup through the sponsoring of patent filing, where filing costs for patents are subsidized and subject to expedited processing.

Patent Law Amendments

Recent amendments have streamlined the patent application process, reduced compliance costs to small entities, and enhanced transparency.

IP Awareness Programs

The government has launched campaigns like the “National Intellectual Property Rights Policy” to raise awareness on IPs.

Common Challenges And Solutions

Problems

• Costly for filing and maintaining the patent.
• Examination process may be very long
• Most of the innovators are unaware about the IP protection mechanism.

Solutions

• Government programmes and subsidies, such as SIPP.
• Involving professionals who are qualified to file strong applications for the IPs.
• Availing the expedited examination procedures.

Conclusion

Understanding how an invention can be protected is essential for innovators aiming to secure their rights and maximize the potential of their creations. From patents to trade secrets, trademarks, and copyrights, India offers a robust legal framework to safeguard intellectual property. By following the patent process, adhering to eligibility criteria, and exploring alternative protections where applicable, inventors can shield their innovations from misuse while leveraging them for commercial success. With government initiatives like SIPP and streamlined patent laws, protecting inventions has become more accessible. Creators should take proactive steps, such as conducting thorough patent searches, seeking professional assistance, and utilizing expedited procedures, to ensure comprehensive protection of their valuable intellectual property.

FAQs On How Can An Invention Be Protected?

Find answers to the most common questions about protecting inventions, including legal mechanisms, eligibility criteria, and alternative ways to secure intellectual property.

Q1. What are the key ways to protect an invention in India?

An invention can be protected through patents, copyrights, trademarks, trade secrets, or design protection, depending on its nature and application.

Q2. What are the eligibility criteria for patent protection?

The invention must meet criteria like novelty, inventive step, industrial applicability, and compliance with the Indian Patents Act, of 1970.

Q3. Can software be protected as an invention?

Software embedded in an invention may qualify for copyright protection under the literary work category but may not always qualify for a patent in India.

Q4. What is the duration of patent protection in India?

Patent protection in India lasts for 20 years from the date of application filing.

Q5. How can I protect an invention that cannot be patented?

Non-patentable inventions can be protected as trade secrets, through confidentiality agreements, or by leveraging other IP mechanisms like trademarks or design rights.