In case you have created an innovative vehicle or vehicle part you can safeguard your intellectual property by filing for a patent registration for vehicles in India. A patent registration for vehicles gives you the ability to work with your invention for a specific period and also stops other people from creating, selling or using it without your consent.
A patent registration for vehicles in India has several steps and requirements. In this blog, let us understand whether your design is patentable, file the application and everything in between.
Criteria for Patent Registration for Vehicles
Prior to submitting the patent application, you have to ensure your vehicle design meets the patentability requirements recommended by the Indian patent Office for patent registration for vehicles. The 3 main requirements would be:
1. Novelty: Your design has to be novel and never previously disclosed or even released anyplace in the world before the filing date of the patent application.
2. Non-obviousness: The design should be an inventive step and not obvious to an individual skilled in the appropriate technology field.
3. Industrial Application: The design should be usable or even manufactured in an industry for patent registration for vehicles.
Subject matters excluded from patentability include scientific principles, mathematical strategies, and designs that conflict with public order or morality.
Preparing the Patent Application
In case your vehicle design is patentable, you are able to now file for patent registration for vehicles. The application should have the following components:
1. Application Form: The Indian Patent Office prescribes certain forms to be filled in entirely with details about the applicants, inventor and the inventions itself.
2. Specification: It’s a written description of your vehicle design, its construction, working concepts and benefits over existing designs. It must be drafted carefully to define your invention’s scope.
3. Claims: The claims section specifies your patent protection legally. Draft clear and concise claims with the help of a patent professional.
4. Drawings: Any illustrations, diagrams or computer aided design representations of your vehicle design have to accompany the written description.
5. Abstract: An in depth summary of your invention is needed.
6. Supporting Documents: Some other documents might be needed, including a power of attorney, evidence of right to file application (in case any) and fee payment receipts.
Filing the Application for Patent Registration for Vehicles
You can file your Patent application on the internet at the Indian patent office’s Web site or in actual physical copies in the Patent Office closest to you or the place of the creation.
Think about doing a prior search before filing to ensure your design is original and not already patented or disclosed elsewhere. This can be accomplished via different patent databases and search engines and by a patent professional like StartupFino.
Your application will be officially examined when filed to ensure all requirements are met. In case there happen to be corrections or objections, you can respond and make amendments.
Publication & Request for Examination
When the formal requirements are achieved, your Patent application is going to be published in the Indian patent Office recognized journal. This publication is a disclosure of your invention.
You must file a Request for Examination and pay the prescribed fees within 48 months of the filing date or prior date (in case any). This request starts the substantive examination in which a patent examiner reviews your application to find out in case it meets the patentability standard.
Examination & Grant
During substantive examination, the patent examiner may issue one or more office actions or examination reports, voicing objections or seeking clarifications regarding your application. You must respond to these within the specified time frame with arguments or by amending your claims or specification.
In case the examiner decides your application fulfils the specifications, a patent is issued and also you get a certificate of grant. But in case the examiner remains undecided, your application might be refused.
Opposition and Maintenance
Immediately after issue of patent registration for vehicles, third parties might lodge challenges or oppositions against your patent. This process enables other people to contest your patent for lack of novelty or inventive step.
In case your patent is given over oppositions, you pay periodic renewal fees. These fees are due at set intervals during the patent life (generally twenty years from the filing date).
Working the Patent
In India, you are legally obliged to work or commercialise your patent – issued invention within three years of the grant date. Doing this may lead to penalties or even your patent being cancelled. Consequently, you want a plan for manufacturing, using or licencing your patent registration for vehicle within that time frame.
Seeking Professional Assistance
The patent application process in India might involve many legal and technical requirements. Consider employing a qualified patent agent or attorney specialised in automotive technology or vehicle designs like StartupFino.
A patent professional can assist you in everything from prior searches and drafting the application to office actions and challenges or oppositions. Their experience can help you win a profitable patent grant and safeguard your vehicle design.
Conclusion
Getting a patent registration for vehicles in India calls for comprehending the patentability criteria, submitting a good application, clearing the examination and compliance with legal responsibilities. Following the correct steps and requesting professional help can help you protect your new vehicle design and obtain the rights that a patent grants only to you.
FAQs
1. How long will a vehicle design patent last in India?
A vehicle design patent in India is generally valid for twenty years from the filing date after paying renewal costs.
2. Can I submit a patent application for a car design online?
Yes, Indian patent Office allows Patent applications being submitted online through its website and also by physical submission.
3. Is it mandatory to do a prior search for a vehicle design patent?
Even though not required, a prior art search is recommended to ensure your design is novelty and stay away from conflicts.
4. Can I alter the vehicle design after filing the patent application?
Yes, you may alter the claims, specification or drawings during the examination in case the modifications don’t conflict with the initial disclosure.
5. What if somebody opposes my granted vehicle design patent?
You can reply to the opposition with arguments or evidence to support your patent.
6. Can I transfer or licence my vehicle design patent to somebody else?
Yes, you can assign and licence your patent rights to third parties with particular legal documentation and formalities.
7. Is hiring a patent professional like StartupFino recommended for getting a vehicle design patent?
Even though not necessary, assistance from a competent patent agent or lawyer like StartupFino is recommended because of the legal and technical needs.
