Choosing the right type of Intellectual Property (IP) protection depends on what
you’re trying to safeguard. IP laws are designed to protect different kinds of
innovations and creative works, so it's important to understand which category your creation falls into.

If you've developed a new technology, process, or product, you require a
patent. Patents provide you with the exclusive rights over your invention for a
limited time (20 years), and no one can manufacture, use, or sell it without
your consent.

If you wish to safeguard your brand identity, like your business name, logo, or
slogan, you require a trademark. Trademarks prevent others from using a
similar mark that could confuse consumers.

If you’ve created original artistic, literary, or musical works, such as books,
movies, paintings or music, copyright protection applies. Unlike patents and
trademarks, copyright is automatically granted when the work is created,
though registration strengthens enforcement.

If the look or appearance of a product is distinctive (e.g., the form of a bottle
or item of furniture), you can protect an industrial design so others cannot
duplicate it.
If you possess confidential business information of value, like secret recipes,
mailing lists of customers, or proprietary computer algorithms, you can
safeguard it as a trade secret by keeping it secret and employing legal
contracts.
If you have created a new variety of plant with unique features, you can file
for plant variety protection.
If you have created semiconductor layouts, then you can seek protection for
the semiconductor chip designs.

If your product is associated with a particular region, like Champagne of
France or Darjeeling Tea of India, you require Geographical Indication (GI)
protection so that only products made in that region can use the name.

Knowing how to safeguard your work is necessary to protect its worth and possess
exclusive rights. An IP protection prevents someone from using your work without
permission and enables you to get the most out of your work.

Patents are issued for subject matter that is novel, involves an inventive step
(non-obviousness), and is capable of industrial application. In general, an
invention should be a product, process, or improvement that gives a tangible
advantage. The following are the primary kinds of inventions that are eligible for
being patented:

A. Machines and Devices
Example: Any electrical or mechanical apparatus that has a particular function
can be patented. These include Domestic appliances, Medical devices,
Industrial machines, Electronic devices (e.g., a smartphone design that folds)

B. Processes and Methods
A patent may be issued for an original process or method that converts
materials or data. Examples:
 Processes for manufacturing (such as a novel way of producing biodegradable
plastic)
 Chemical processes (such as a novel way of refining oil)

C. Chemical and Pharmaceutical Compositions
New chemical compounds, pharmaceutical drugs, and formulations can be
patented. For example: A new drug to treat a disease or a unique pesticide
formula.

D. Biotechnology and Genetic Inventions
 Innovations in genetic engineering and biological sciences are patentable, such
as: Genetically modified organisms (GMOs), Laboratory-created enzymes and
cloning or gene therapy techniques

E. New Materials and Alloys
If an engineer, scientist or any individual discovers a new kind of material
having special properties, it can be patented.

A patent grants the inventor exclusive rights, barring anyone from producing, using,
or selling the invention without authorization.

Both India and the United States give a limited-term monopoly over the invention,
during which only the owner may utilize the invention. Upon termination of this
monopoly period, the invention is part of the public domain, where it is open to free
use by other individuals. Term of Protection is a function of patent type and
commences upon application filing, rather than when granted.

For utility patents, which protect new inventions, processes, machines, or
improvements the duration of protection is 20 years from filing in both India and the
U.S. But this protection is not automatic during the entire period. In India, the patent
shall be renewed each year from the 3rd year until the 20th year on payment of
stipulated renewal fees. If the renewal fee is not timely paid, the patent ceases. In the
United States, the duration is also 20 years, but rather than annual renewals, the
United States Patent and Trademark Office (USPTO) mandates maintenance fees be
paid at 3.5, 7.5, and 11.5 years after grant date to maintain the patent.

For design patents, the guidelines are different. In India, industrial design registration
is made for a period of 10 years, which can be further extended once for a period of 5
years, for a maximum period of 15 years protection. In the U.S., however, design
patents (for application filed on or after May 13, 2015) have a validity of 15 years
from the grant date and no maintenance fee is payable.

In both legal systems, when a patent expires or is permitted to lapse (because fees are
not paid), the invention enters the public domain, and anyone can make, use, or sell it
without permission from the original inventor. Thus, although patent rights provide
strong exclusive control, they are ultimately temporary, balancing private innovation
with public good.

The patenting process is a multi-step process involving application filing,
examination, and grant. Although the general process is the same globally, there are
some variations between jurisdictions such as India and the U.S. The following is a
step-by-step guide on how to get a patent in both countries.

Step 1: Determine Patentability (Optional but Recommended)

Before submitting for a patent, you have to make sure that your invention satisfies the
initial requirements:
 Novelty – The invention has to be novel and not already made public anywhere
prior to application.
 Inventive Step (Non-obviousness) – It should not be an obvious advancement over
available technology.
 Industrial Applicability – The invention has to have industrial applicability.
 Patentable Subject Matter – Certain things, like mathematical formulas, abstract
ideas, and natural laws, cannot be patented.
To check if your invention is new, conducting a patent search is recommended. This
can be done using databases like India’s InPASS (Indian Patent Advanced Search
System), the USPTO Patent Database (USA), or the WIPO PatentScope (global
search).

Step 2: Prepare a Patent Application
The application may be filed as:
 Provisional (if the invention is not fully developed)
 Complete (with full disclosure and claims witin 12 months from date of filing of
provisional)
Applications may be filed as ordinary, convention, or PCT national phase applications.
you can prepare a patent application, which entails:
 A thorough description of the invention
 Technical drawings or diagrams (if applicable)
 Claims specifying the scope of protection you want

Step 3: Filing the Patent Application
The application for patent may be submitted online to the respective patent offices:
In India: Through the Indian Patent Office (IPO) via the official portal
(www.ipindia.nic.in).
In the U.S.: Through the United States Patent and Trademark Office (USPTO) via its
electronic filing system (EFS-Web or Patent Center).
Candidates (Applicants) may opt to submit a national application or an international
application under the Patent Cooperation Treaty (PCT) if they desire protection in
more than one country.

Step 4: Examination of the Patent Application
Once filed, the application is not automatically examined. In India, the applicant has
to file a Request for Examination (RFE) within 31 months of filing. In the U.S.,
examination is automatic, once application is filed (non provisional) along with
required examination fee.
Upon examination, the patent office verifies if the invention is patentable. The
examiner can issue an Office Action (USA) or First Examination Report (FER)
(India), with objections. The applicant has to reply to objections with explanations,
modifications, or arguments within time allocated.

Step 5: Grant of the Patent
Once the examiner is content with the explanation and there is no opposition, the
patent is granted and released in the patent journal. When granted in India, the patent
is effective for 20 years from the filing date and needs to be renewed annually with a
fee. Patents also last 20 years in the U.S., but have maintenance fees at 3.5, 7.5, and
11.5 years to stay effective.
If the application is refused, the applicant may appeal or amend the claims to conform
to legal standards.
The patenting process is intricate and demands precise documentation, legal insight,
and planning. When applying in India, the U.S., or globally, a patent grant provides
exclusive rights, enabling inventors to effectively commercialize and protect their
innovations.

Cost for filing a patent is based on various parameters, such as the patent type,
jurisdiction (India or the U.S.), etc. The following is a comparison of patent filing
costs in India and the U.S.
In India, patent charges are different depending on the type of applicant- individuals,
startups, small entities, and large corporations pay differently. Here’s a rough cost
division:

In the United States, patent fees are divided into Micro Entity, Small Entity, and
Large Entity applicants.

No, you can't patent an abstract idea. Abstract thoughts, broad ideas, or ambiguous innovations aren't protected under patent law. On the other hand, a patent is awarded for a precise, specific, and functional invention which can be put to use practically. An invention in India or USA has to be novel, non-obvious, and useful, that is, greater than just an idea or concept.

For instance, if you imagine a solar-powered flying car, that itself is not patentable.
But if you create a technical drawing, explain how it works, and outline the particular
mechanisms involved in making the car fly using solar power, then it is a patentable
invention. The law mandates sufficient information for a "person skilled in the field"
to grasp and reproduce the invention. Failing this, the patent office can reject your
application as being too vague.

Filling a provisional application is a wise move for inventors who require additional
time to perfect their invention without losing the protection of their idea or risk of it
being copied or stolen.

In summary, you can't patent a simple idea, but you can get a patent if you describe
your invention in sufficient technical detail to indicate how it works. You don't need
to have a working prototype, but your patent application needs to contain a good and

complete explanation of your invention. If your idea isn't yet worked out, making a
Provisional Patent filing is an excellent option to protect yourself while you hammer
out the details.

The primary distinction between a provisional and a non-provisional patent
application is their use and scope. A provisional patent application is a temporary
application that creates an early filing date but does not equate to a granted patent
unless a non-provisional application is subsequently filed within due date. On the
other hand, a non-provisional patent application is a full application that is examined
and can culminate in an issued patent. Both India and the U.S. provide provisional
and non-provisional patent applications, yet they are utilized for different strategic
reasons.

1. Provisional Patent Application:
A provisional patent application is an abbreviated temporary filing that enables
inventors to attain a priority date early while they further develop their invention. It
doesn't have formal patent claims or an examination procedure, so it's quicker and less
expensive to obtain patent-pending status. It is valid for 12 months from the date of
filing. It is best for inventors in the process of refining their invention and who seek
early protection.
If a non-provisional patent application is not made within 12 months, the provisional
application terminates and the inventor loses the priority date.

2.Non-Provisional Patent Application:
A non-provisional patent application (also referred to as a complete specification in
India) is a formal, detailed application that is reviewed by the patent office and can
result in an issued patent. It differs from a provisional application in that it must
include detailed claims, a complete specification, and technical drawings(if
applicable).
If your invention is still in the developing stage and you wish to have an early filing
date while being cost-conscious, a provisional patent is a good starting point. But if
you are prepared to pursue full patent protection, then you should immediately file a
non-provisional patent application.

It's crucial to perform a patent search before submitting a patent application in order to confirm whether your invention is innovative and hasn't already been patented. The prior art search accomplishes this and prevents one from incurring unnecessary costs as well as rejection for lack of novelty.
You can search for patents that already exist through official databases in India, the
U.S., and worldwide:

1. India: Search through the Indian Patent Advanced Search System (InPASS) to
verify patents deposited with the Indian Patent Office (IPO).
2. United States: Search the USPTO Patent Database or USPTO Patent Center for
patents in the U.S.
3. International: Search patents from various countries through the World
Intellectual Property Organization (WIPO) PATENTSCOPE.
4. Google Patents: Go to Google Patents for a user-friendly worldwide patent search
engine.
These databases let you search by keyword, patent number, applicant name, and
publication date.

Patentability of software is based on the jurisdiction you are applying in since each
jurisdiction has its own regulations.

Software Patents in India
In India, it is difficult to patent software since the Indian Patents Act (Section 3(k))
specifically excludes "mathematical methods, business methods, computer programs
per se, and algorithms" from patenting. Software can be patented if:

1. It is integrated with hardware – If the software is included in a new, innovative
hardware system, it can be patentable.
2. It has a technical impact – When software increases system performance,
enhances security, or optimizes hardware operations, it could be seen as an
invention and not merely a program.
3. It is not just a computer program – If the software moves beyond normal
programming and leads to a technical discipline (e.g., enhancing image
processing, AI-based medical diagnosis, or encryption of data), it has a greater
opportunity to be awarded a patent.

U.S. Software Patents
Software patents are more prevalent in the United States but have to satisfy certain
conditions under the Alice Corp. v. CLS Bank (2014) ruling. The USPTO employs a
two-step test to decide on software patentability:

1. Is the invention an abstract idea? – If the software is an algorithm, business
method, or mathematical idea, it is not patentable.
2. Does it introduce a substantial technical enhancement? – If the software enhances
the performance of a computer or addresses a technical issue (e.g., enhanced
cybersecurity, more effective machine learning algorithms, or effective database
indexing), it could be patented.
For instance, an AI algorithm for detecting fraud that enhances financial security
could be patentable, whereas a simple accounting software might not.

If another person uses, produces, sells, or distributes your patented invention without
your authorization, it is patent infringement. Patent law grants the patent owner sole
ownership of their invention, and infringement can lead to legal charges against the
infringer. Nevertheless, enforcing your patent demands active action on your part as
the patent owner.

Before filing suit, it is essential to ensure that the alleged infringer really is infringing
your patent. This entails:

1. Comparing their product/process to your patent claims to look for similarities.
2. Performing a patent infringement analysis with the assistance of a patent attorney
or expert.

After infringement has been established, the initial course of action is often to write a
Cease-and-Desist Notice (also referred to as a Legal Notice) to the infringer. This

notice formally informs them that they are infringing your patented invention without
permission, you insist they immediately cease operations and that you will seek legal
remedy if they refuse to do so.

In most situations, infringers prefer negotiating a licensing agreement instead of
confronting a lawsuit. If the infringing company is willing to negotiate, you can settle
a license with them so that they may use your patent legally by paying royalties. This
can prove to be an economically viable way to resolve conflict without litigation.

If the infringer won't comply, you can sue the infringer in the corresponding court for
a patent infringement suit:

1. India: The patentee may file a civil suit for infringement in a district court or High
Court having jurisdiction.
2. U.S.: Patent litigation is conducted by Federal Courts, usually involving
proceedings before the United States Patent and Trademark Office (USPTO) or
the International Trade Commission (ITC) for import-related offenses.

The following remedies may be granted by the court:
1. Injunction: Judicial order stopping future use of your patented invention.
2. Damages: Money award for losses resulting from infringement.
3. Seizure of Infringing Products: Infringing products may be seized or destroyed.

Yes, you may apply for a patent in several countries, but patents are territorial, i.e., a
patent that is granted in one country is not automatically going to give you protection
in another. If you wish to have patent protection in several countries, you will either:

i. Make individual patent applications in each country, or
ii. Utilize international patent filing systems such as the Patent Cooperation Treaty
(PCT) or the Paris Convention to make it easier.
Direct National Filings:

You can directly approach the patent offices of the nations where you wish to have
protection. This approach entails: Filing individual applications with each patent
office of a country, Complying with various legal requirements for each nation.
Paying distinct fees for each jurisdiction.
This method is appropriate if you need protection in only a few specific nations and
do not wish to take the PCT path.

Patent Cooperation Treaty (PCT):
The PCT system, administered by the World Intellectual Property Organization
(WIPO), enables inventors to submit a single international patent application that
encompasses 157 countries. It does not issue an "international patent," though it merely streamlines the filing process.

You submit one international application with WIPO or your national patent office
(e.g., IPO in India, USPTO in the U.S.). This application saves your filing date in all
PCT-member countries. After 30 or 31 months, you need to select specific countries
(national phase) where you wish to continue with complete patent examination.

Paris Convention:
If you initially submit a patent application in one country (say India or the U.S.), you
can submit it in other member countries of the Paris Convention within 12 months and
take advantage of the priority date of your initial filing. This method is suitable for
applicants who intend to file selectively in some countries and do not plan to use the
PCT system.

In conclusion, if you require patent protection in only a few countries, filing directly
with national patent offices can be cheaper. If you don't know where to look for
protection and require additional time to make up your mind, a PCT application
enables you to procrastinate national filings while maintaining your options open. If
you have already applied for a patent in one country, applying under the Paris
Convention allows you to apply in other countries while keeping your original priority
date.

The Patent Cooperation Treaty (PCT) is an international agreement that makes it
easier to apply for patent protection in many countries. The PCT enables inventors to
submit a single international patent application that will be accepted in 157
contracting states. But the PCT does not issue a worldwide patent, it merely makes it
easier to file and examine your invention before you apply for patents in specific
countries.

The PCT system is administered by the World Intellectual Property Organization
(WIPO) and enables applicants to obtain international patent protection in a cost-
effective and organized fashion.

The PCT process consists of two primary stages:
i. International Phase
This stage comprises of the following process:
 You submit a PCT application to a Receiving Office (RO), e.g.:
o Indian Patent Office (IPO) in case of filing from India.
o United States Patent and Trademark Office (USPTO) in case of filing from the
U.S.
o Directly with WIPO (online).
 A specified International Searching Authority (ISA) (e.g., WIPO, USPTO, EPO)
searches for prior art and supplies a search report on the same inventions. This report
aids in establishing if the invention is novel and patentable.
 WIPO publishes the application in its PATENTSCOPE database, making it available
to the public.
 If requested, it gives a detailed opinion of the patentability of the invention, which can
aid in the subsequent step.

ii. National/ Regional Phase
Following the international phase, the applicant needs to decide where they want to
obtain patent protection by entering the National Phase in chosen PCT member
countries.
You need to file separate applications in your selected countries or regions (e.g.,
USPTO for the US, IPO for India, EPO for Europe). The application will be
separately examined by each country and determined individually whether or not to
issue a patent. You need to pay national filing fees and follow local patent regulations.
The PCT system is a great choice for inventors who require international patent
protection but prefer more time to decide where to file. It makes the early filing
process easier, provides search reports to review patentability, and postpones national
filing expenses. But in order to actually get patents, you must enter the national phase
in each country within 30 or 31 months of the original filing.

Licensing of the patent is an enforceable contract under which the patent holder
(licensor) agrees to transfer rights to the licensed party (licensee) for using, producing,
marketing, or selling the patented invention against payment or royalties. The
inventor does not sell the patent outright but remains its owner.
Patent licensing is a strategic method for inventors to earn money from their patents
without having to construct, sell, or distribute the product themselves. It is widely
applied in sectors such as technology, pharmaceuticals, manufacturing, and software.

Types of Patent Licensing
1. Exclusive License: The licensee acquires exclusive rights to the patent, such that
even the original patent owner cannot use or license it to others.
2. Non-Exclusive License: The right may be licensed to several licensees by the
licensor so that more than one business can utilize the patent.
3. Sole License: The exclusive right is obtained by the licensee, but the licensor also
has the privilege of using the patent.
4. Compulsory License: Governments can compel a patent owner to issue licenses to
others under certain situations (e.g., public interest, national emergencies),
particularly in pharmaceuticals.

Patent licensing is a successful method of enabling inventors to make money from
their patents without actually manufacturing or selling goods. It enables companies to
apply innovative technology, while the inventor receives royalties or licensing fees.
Through careful planning of agreements, inventors are able to make as much money
as possible while their invention is used appropriately and ethically.

Yes, you can assign your patent rights to another entity or person through a patent
assignment. This involves permanently transferring ownership of the patent, and the
buyer (assignee) gains complete control over its use, commercialization, and
enforcement. After selling, you no longer have any rights over the patent.

Selling a patent can be advantageous if you prefer a lump sum payment at once rather
than royalties in the long term from licensing. It is also a prevalent practice in
technology, pharmaceutical, and manufacturing industries, where companies purchase
patents to enhance their intellectual property portfolio.

After a patent is granted, the owner has to take certain measures to keep it in effect
and guard their rights. Having a patent is not a guarantee of lifetime protection, there
are regular fees to be paid, and the patent has to be actively maintained to avoid
infringement or loss of rights.

Payment of Renewal Fees
Patents are issued for a limited time period of 20 years from filing in both India and
US, but they are subject to periodic payments to keep them valid.
 In India:
o Renewal charges (also referred to as annual charges) have to be paid every
year from the third year after filing.
o Fees must be paid on time; otherwise, the patent expires and can no longer
be enforced.
o There is a grace period of six months, plus an added penalty for a late
payment.
 In the U.S.:
o Maintenance fees are payable at 3.5 years, 7.5 years, and 11.5 years from
grant.
o In case fees are not remitted, the patent expires and goes into public
domain.
o An extra six-month grace period can be obtained with additional fees.
Monitoring for Infringement
A patent provides the owner with the exclusive right to use, sell, or license the
invention, but it is the patent holder's duty to enforce. If someone duplicates or uses
the invention without authorization, the owner of the patent must:
 Monitor competitors and the market regularly for unauthorized use.
 Send cease-and-desist notices to infringers.
 File lawsuits for damages if infringement continues.
Commercial Utilization of the Patent
If the owner of the patent has no intention of making or selling the invention, he/she
can:
 License it out to others for royalties (recurring fees).
 Sell it outright to another firm with a patent assignment.

 Make the patent collateral for investment or loan purposes.
This maximizes the commercial value of the patent.
Preserving a granted patent entails renewal fees payment, infringement monitoring,
enforcing rights, licensing or selling, and record updates. Proper preservation of a
patent can prevent loss of protection, making it possible for competitors to use the
invention without repercussions. Should you require renewal, enforcement, or
monetization assistance, professional legal advice will assist you in maximizing value
from your patent.