Frequently Asked Questions
Find answers to top questions about Patentability Search, novelty evaluation, and the patent filing process.
1: What is "Patent Filing and Prosecution"? ▼
Filing a patent refers to the process of presenting your patent application to a governmental patent office, while prosecution involves the "dialogue" process that occurs between you (or your lawyer) and the patent examiner as a way of dealing with any challenges towards obtaining the patent.
2. Why can’t I just write the patent application myself? ▼
Although you may file your own application, patent drafting is very technically based in law. If the application is poorly drafted, then a "weak" patent can be issued, which will be easily circumvented by your competitors.
3. What is a "Prior Art" search, and why is it necessary? ▼
Prior to filing, we do our due diligence in checking whether your idea is really novel through searching the current patent filings and public records. This way, you save money by avoiding rejection before even spending on the process of filing.
4. What is the main business advantage of filing a patent? ▼
A patent grants you a monopoly that will last for 20 years. No one else can produce, use, sell or import your invention, and this means that you get high profit margins and unique business positioning.
5. How long does it take to get a patent granted? ▼
It normally takes 1-3 years to complete, depending on the complexity of the technology and the current workload in the patent office. You may be able to pay for "Prioritized/Expedited Examination."
6. What happens if the Patent Examiner rejects my application? ▼
Rejections, termed "Office Actions/Examination Reports" are normal during the prosecution process. This is countered by either explaining the technicalities, making amendments on the "claims" so that they differ from the prior art, or proving that the Examiner was mistaken in his or her objections.
7. Is my patent valid worldwide? No. Patents are territorial. ▼
The granting of a patent in the India gives protection only in the India. To ensure global protection, you have to register in each particular country or go for an international filing under systems such as the Patent Cooperation Treaty (PCT).
8. When should I file my patent? Ideally, before you publicly disclose it. ▼
In many nations, disclosing your product to the public or presenting it in conferences prior to filing will bar you from getting the patent. In India and US, there is a year of grace period, but filing earlier remains the best policy.
9. What are "Claims" in a patent document? ▼
However, claims are the most critical aspect of the entire patent. These lay down the precise boundary limits of your protection. They can be likened to a "property deed" that protects everything inside its boundary limits from any action on the part of anyone else.
10. How much does the whole process cost? ▼
Different costs are incurred depending on the complexity of the technology and the number of countries involved. Drafting costs, filing costs, and "maintenance fees" are some of the costs incurred.
