Sir I have two questions. 1. I want to start a business with a new product. I have the whole concept clear but I dont have the technical expertise for that. So my plan is to register a company and contract with a prototype developing firm to develop the prototype. Is this possible to get a patent this way? 2. Can a product which is a new form of an existing product but performs important additional task be patented? Thank you
No, for getting a product patented it should have the novelty and if the same is already in existence and you are just modifying the use of the same then you can not get the same patented subject to the condition that patent has not been registered previously.
Regards
1. yes if a employee or firm under contract develop some new thing or product it shall be patented in your company name under there engagement or employment contract. Make sure you make an agreement with the firm as you will be giving expenditure and bearing cost of Research and Development,
2. yes it can be if it is distinguishable from existing product and there is a substantial change not mere addition to the previous product, Now substantial change and usability can be decided product to product basis.
An invention relating to a product or a process that is new, involving inventive step and capable of industrial application can be patented in India. However, it must not fall into the category of inventions that are non-patentable as provided under Section 3 and 4 of the (Indian) Patents Act, 1970.
