A patent protects an invention that is new, involves an inventive step, and is capable of industrial application. For founders, patents can be relevant where a product or process embodies a genuine technical advance.
What can be patented
Not everything is patentable. Broadly, an invention must be novel, non-obvious, and useful, and must not fall within categories excluded under the law. Assessing this early helps set realistic expectations.
Specifications and claims
A patent application includes a specification describing the invention and claims defining the scope of protection sought. The claims are central, because they determine what the patent actually covers.
Broad stages of the process
- Assessing patentability and conducting a prior-art search
- Drafting the specification and claims
- Filing the application, provisional or complete
- Publication and request for examination
- Responding to examination and, if granted, maintaining the patent
A note on timing
Public disclosure of an invention before filing can affect novelty. Founders often consider filing strategy before publicly launching or presenting an invention.
This guide is general information and not legal advice. Patent strategy depends on the specific invention.
This guide provides general information about the law in India and is not legal advice. For advice on your specific situation, please consult a qualified advocate.