Questions

Can you make an invention without a patent?

Can you make an invention without a patent?

Inventions without patents may lead to legal and financial headaches, whether you’re the original inventor or you infringe on someone else’s design. It’s important to take the necessary steps to protect your inventions — including getting the necessary patents — to prevent someone else from profiting from your work.

What inventions need a patent?

An invention can be patented if it has a useful purpose, has patentable subject matter, is novel, and is non-obvious. The patent could cover a composition, production process, machine, tool, new plant species, or an upgrade to an existing invention. Inventors must meet certain government guidelines to get a patent.

What new and useful inventions can a patent cover?

Patents defined

  • Patents cover new and useful inventions (product, composition, machine, process) or any new and useful improvement to an existing invention.
  • Trademarks may be one or a combination of words, sounds or designs used to distinguish the goods or services of one person or organization from those of others.
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What is not an invention?

Even though one may devise a new machine or process or product which has never before existed, if all of the elements of the machine, steps of the process or parts of the product are old, and if no unexpected results or functions obtain, he may not have made an invention.

Can images be protected under IP rights?

Photographs are protected under copyright law as artistic work under Section 2 (c) of Copyright Act 1957 in India. The International Copyright Order has been passed to protect the copyright in member countries of the convention and agreement. Accordingly, the foreign artistic works are given protection in India.

What kind of invention can be protected?

In practice, there are three kinds of patents: utility patents, plant patents and design patents. A utility patent consists of the creation of improved product or an entirely new process, product or machine. It is also known as a “patent for invention”.

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What should I do if I invent something?

There are generally two ways to proceed – license your invention to a company (i.e. sell the idea), or go into business selling, providing or distributing the product. Regardless of which method you use, you will probably need two things – investors and intellectual property (patents and / or trademarks).