Types of Patent in India
Innovation drives progress, and patents protect innovation. In India, there are three main types of Patent: Utility Patent, Design Patent and Plant Patent. Each is used for a specific purpose, based on the nature and uniqueness of the invention. The Innovator, researcher or business should understand these types when thinking of filing for patent registration to protect their intellectual property. All Types of Patent Registration are available on this platform.
Let us review the types of patents under Indian Patent Law.
Categories of Patents
1. Utility Patents
Utility Patent is the most common type of patent in India. It is used to protect new inventions or useful improvements to a product, machine, or process. Simply put, it covers anything that provides a new method for doing something, or improved functionality for an existing method.
A new engine design, medical equipment, or an improved process for manufacturing could be patented under this patent. The utility patent gives the inventor the exclusive right to make, use and sell the invention for a specific number of years.
Example: A new engine mechanism, unique chemical formula, and unique manufacturing process.
Length of time until expiration: 20 years from date of filing, with maintenance fees.
2. Design Patent
A Design Patent covers the ornamental aspects of a product not its functional components. Design patents are based on visual appeal as opposed to function.
Some examples include the unique bottle shape of a perfume bottle, the aesthetic design of a mobile phone, and/or a furniture design. Design patents are especially valuable for companies that rely on distinctive designs to set themselves apart from competitors. Design patents prohibit anyone else from copying or duplicating the ornamental or decorative elements of a product.
Examples: Include the unique design of a smartphone, a bottle shape, or jewelry design.
Duration: 10 years, with the possibility of renewing for an additional 5 years.
3. Plant Patent
A Plant Patent is awarded to an individual that invents or discovers a new and distinct type of plant that is capable of asexually reproducing, without the use of seeds, by means of grafting or cutting.
This type of patent is especially impactful in agriculture and biotechnology, where developing new crop varieties or improved crops is vital within the industry. Plant patents also protect the investment and effort that go into developing new hybrids or stronger plant species, and grants rights to the inventor of the plant patent for the asexually reproduced plant.
Example: A new hybrid fruit or a new plant species that is disease-resistant.
Length: 20 years from the date of filing.
Key Differences Between the Types of Patent
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Aspect
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Utility Patent
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Design Patent
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Plant Patent
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Purpose
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Protects how an invention works
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Protects how an invention looks
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Protects new plant varieties
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Focus
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Functionality and technical improvements
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Appearance and design
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Biological innovation and reproduction
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Example
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Engine, chemical process
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Bottle design, smartphone design
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Hybrid plant
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Protection Period
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20 years
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10 years (extendable by 5)
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20 years
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Conclusion
It's useful to comprehend the various types of patents - Utility, Design, and Plant Patents - to best safeguard yourself as an innovator. Each patent type offers different protections and enables innovators to institute ownership of illicit copying or use of something they developed.
If you wish to protect your innovation through patent registration, industry experts like Registration Guru will assist you professionally, from filing your patent to getting your patent approved, so that you know you have legally protected your ideas and their future commercial success.
FAQs on Types of Patent in India
1. What are the different types of patent available in India?
In India, patents mainly fall into three types: Utility Patent, Design Patent, and Plant Patent. Each type of patent protects a specific aspect of an innovation; Utility Patent protects the functionality of the innovation, Design Patent protects the visual appearance of the innovation, and Plant Patent protects a biological invention.
2. What is a Utility Patent?
A Utility Patent protects an invention or an improvement of an invention that has a specific function or can be of technical use. This is the most common type of patent and will cover machines, and processes, as well as manufactured products, that represent innovation or efficiency.
3. What is the difference between utility patents and design patents?
A utility patent protects how an invention works, in other words its technical or functional aspect. A design patent protects how an invention looks, or more accurately it protects the visual design of the invention, or its aesthetic features.In summary, utility patents protect function, while design patents protect form.
4. What is a Plant Patent in India?
A Plant Patent is issued for developing or discovering a new and unique variety of plant that can be reproduced asexually. Plant patents are most commonly utilized in agriculture and horticulture, and biotechnological settings.
5. How long does an Indian patent be valid for?
Utility Patent and Plant Patent are valid for 20 years from the filing date and a Design Patent is valid for 10 years and may be extended for another 5 years upon renewal.
6. Who can apply for a patent in India?
Anyone - individual or individuals (that is, the inventor(s) name) any company that is the assignee, or any legal representative(s) of a deceased inventor - can apply for patent registration in India, assuming the invention is patentable. This is a new invention that is useful and non-obvious.
7. Is it possible for me to submit applications for more than one type of patent for the exact same invention?
Yes, possibly. For instance, if your invention has a special function and a unique design, you are able to file a Utility Patent and Design Patent to protect your invention completely.
8. Why is patent registration important in India?
When a patent is registered in India, the inventor is given legal ownership and rights to it. A patent gives the inventor the right to prevent others from making, using or selling the invention without permission. Therefore, the patent protects the inventor’s innovation and ensures profit in his or her inventions.