MYTHS ABOUT PATENTS

1. An Indian patent can be enforced worldwide

Patent rights are territorial. An Indian patent is valid only in India.

2. Patent right is an absolute right.

The courts can invalidate patents on certain grounds.

3. Once patent is granted, government stops others from copying or imitating my invention.

Enforcing patent rights is the responsibility of the patentee.

4. Patenting is a costly process.

The total cost for obtaining a patent by an individual can be as low as 3500/-

5. Patents are only for complex inventions

Patents can be for simple inventions. There are patents on even gem clips.

7. Patents are the big companies ball game.

Large number of patents is obtained by individual inventors and applicants every year.

6. PCT grants world patent.

PCT is not a granting authority. It’s a mere patent application facilitation system.

9. The patent is granted to the first inventor.

You may be the first to invent, but it’s the first to file that gets the patent.

10. A patent attorney should prepare and file my patent application.

Applicants can themselves prepare, prosecute and get the patent granted.

12.Patents result in restrictive trade practices

Patent act has sufficient safeguards to ensure that the patentee meets the reasonable requirements of the public at affordable price.

8. Once granted, patent is in force for 20 years

The patentee has to pay the Renewal fee every year to keep the patent in force.

13.Patent right is permanent.

Patents are granted for a limited period of 20 years only.

14.The patent officials will inspect the invention in your premises.

The decision as to whether a patent should be granted is entirely based on the application and written description.

15.The patent applicant should have a working model of the invention before he applies.

The invention need not be fully workable at the time of making the application.

16.You can get patent for an idea.

Patents do not protect the idea. It is the implementation of the idea that gets protected.

18.Patentee can initiate criminal action against the infringers.

Only civil remedy is available to the patentee against infringers.

17.Patent gives the owner the right to make, sell or use his invention-

Patent grants the patentee only the right to prevent anyone else from making, offering for sale, selling, importing or using his invention with out his consent.