Patents

What is a Patent?

Patents are legal documents or certificates which make a design or idea one’s own. The owner gets a legal right to use their innovation, but others who use it need to either buy the design or have to pay the creator an amount of money for using their design. This creates a barrier for one’s design from their competitors. It stops others from using one’s designs for production. This document is legal for 20 years in most countries and it is a great way to ensure that one can get enough time to develop and sell the product.

Controversies

When it comes to patents there are many loop holes or areas which can be exploited.. Some companies file vague patents in order to falsely accuse their competitors of using the company’s designs in their products. This is the least a company can do with a patent in their name. Some companies make very tiny and insignificant changes to their designs so that the patent stays valid for longer periods of time. It is a change which is not noticeable, but can help in increasing the lifespan of the patent by a lot. Another way they can exploit these patents is by adding a few new features into the design which already exists, and they will be able to patent it. The original idea can still have its patent, but the new and improved one is still going to be granted, and can give the competitor an advantage over the original creator.

The AI Affect

Many people nowadays wonder what will happen now that AI has become a huge part of our lives. Due to laws against AI designs, people cannot file patents using AI. They have to design it themselves in order to file the patent. Still, later on if AI gets smarter, it can invent some new and innovative products which could shape the world, such as medicines, new machines, etc. These designs could be potentially helpful and not being able to patent them could lead to instances where these are not used. There are also laws with regards to the utilization of the patents, one is required to use the designs within 2 years in order to keep the patent for 20. Then the bigger question is that if the patented idea is used to train an AI then will it be counted as  the utilization of the patent? People could use AI to conduct research and develop the product, this way they can produce its prototype.

Tips for Filing a Patent

If you think of an idea and want to get a patent for it, there is a long process. Firstly you need to do some intensive research on such products already existing. If they do, your hard work will not pay off as the government will reject the design. Once that is clear, always try to look at a unique point in the design which you know is certainly going to help in getting the patent granted. If these are done it becomes easier to file the patent. One big mistake would be taking too long to file it. This is because if you are thinking about it, there is a chance that thousands of other people have thought of it as well, so acting fast is a great thing to do. And even if there is a friend you want to talk to about your idea, do it after filing the patent as they can easily steal the idea and copy it for themselves.

Myths to Debunk

There are many myths about patents, which may or may not be true. These are some myths even I believed before I filed my first patent. The first one is ‘If the patent is granted the final product will definitely work’. This is not true, as the patent is granted on the basis of if it is a new invention or not, or if there is a new technology added to an old one, which can change its original design. The part of the design actually working is up to you, the inventor, not if the government thinks it will work or not. Another common one is that ‘If I have a patent then I cannot be sued for making the prototype’ This is completely wrong as if there are materials in your design, which might be already patented, then you will need the permission of the owner of that material’s design in order to use it on your own.

My Experience

I have been filing patents for 4-5 years. I already have 3 granted patents, and 1 still in progress. It is something I enjoy doing, as seeing your design established as a unique one and which can help others is one of the best experiences ever. The three patents which I have gotten granted are a sanitization machine, a bowling machine, and a machine which can help people with cerebral palsy or shaky hands write with a more stable handwriting.

Firstly, I created a sanitization machine during the lockdown. I saw all the trash which was thrown all over the world and 90% of it was the medical masks and gloves we wore every time we went out of our house. This concern made me think of an idea, where we can sanitize our gloves and masks in order to reuse them, that is how I came up with the COVID Kawach.

My second design I came up with was with my friend Sonak. We were talking about how there is no cricket bowling machine which actually spins the ball, as external tools are required to assist in that. So we decided to design a bowling machine which can do that  and filed a patent for it. It is something that I had been thinking about for a long time, and we finally decided to design it.

The final patent which was granted was with my friends Arnav and Sonak. We had gone for a design competition to Doon School, and there we got a prompt to design a product, which will help specially abled people study better. That is where we came up with an electronic mouse-shaped product, which will have straps to hold the hands intact and will help people with shaky hands write more clearly and neatly. This was just granted a month or two ago, and it was something which was loved by the patent office in India.

Conclusion

Patents are a great way to legally privatize your idea for yourself. Laws prevent the use of your design, while others have access to it. It is a great way to start a business, making and selling your unique creations to people, without having to worry about competitors stealing your idea and marketing it as theirs. One of the best ways to make an idea you have a reality is by patenting it. Research and development takes years, and patents make the creator more relaxed in doing the actual research to improve the product. It is also a great feeling to say that you have designed a unique product which no one else can use.

Written by Vivaan A. Journalist at The Woodstocker

Edited by Tisya K. and Norzin Y. Co-Editor of The Woodstocker