Time required for getting patent in India
How much time will it take for my invention to get patent in India?
this is most common question that we receive from an inventor who trying to understand the amount of time they need wait to get his invention patented.
there are two ways to answer this question
1. the time to get your patent filed and
2. time to get the patent granted
when you file a patent for your invention, (may it be provisional or complete) you can start doing most of the things you wanted to do with your invention that is, running trial experiments, talking to investors, checking business potential and commercial worth of invention, trying to find licensee or even selling the patent application in process in certain cases..
the only thing you cannot do till grant of patent is to file a suit for infringement or file a case against infringer, for that you need to wait for grant of patent.
so, as a business owner or inventor you can do 95% things in your action plan to take your invention to next level after filing of patent application and you need not wait for grant of patent for most of the things.
When is the right time to file a patent application
Ideally the time to file patent application is as soon as possible there are few reasons to consider:
1. India follows first to file approach for patent system
2. to secure the priority date for patent application as early as possible filing patent application as early as possible helps in minimizing the possibility of prior arts, since more time you will take to file patent application chances are that would be more and more possible prior arts available to public.
3. if you significantly delay the patent filing process even your own work could become a prior art and hence can stop you from getting your invention patented
4. if you are working on invention which has very heavy competition and many players in the market are doing research and development in the same field, then you should file patent application as soon as possible.
Patent Pending status and its advantages
You can write “patent pending” status in front of your technology as soon as you filed the patent application in patent office. It may be provisional or complete patent application.
There are some subtle advantages of writing patent pending next to name of your product of service.
⧠ This gives an immediate impression of superior product or technology in minds of reader
⧠ Seeing the patent pending or patent applied for status many of the competitors would be discouraged anticipating they would not be able to compete in same domain if you got granted patent
⧠ This sends a message to public that the patent has been applied for this innovative technology
⧠ You investors and financers take you more seriously if you have patent pending status
Having said this, there is no legal significance of these words. The infringement suit can be initiated only after the patent is granted.