4 Intellectual Property Myths That You Should Avoid

May 152019

4 Intellectual Property Myths That You Should Avoid

When you have a great idea or an invention, it is always advisable to protect it. Protecting your idea may have a huge positive impact on your business provided you proceed in the right direction and be cautious from start till the end. Before you proceed you must hire a competent Patent Attorney In India to take care of all your requirements. The IP lawyer you will hire will make you aware of all the rules and the intricacies involved in the whole process. When you filing a patent for your idea you must be assured with the process and have no second thoughts whatsoever in your mind.

There are many things about Intellectual Property which you will hear from different people that are mere myths and it is extremely important to avoid these in order to successfully complete the process and get your idea patented.

  • You can predict the Patenting cost

Patenting cost


When you as a firm go for patenting there are many intricacies involved and the process is very complex. Sometimes, if your designs are complex, you even might need to draw a diagram before the patent attorney to make them understand your design and idea you want to get patented. You always have a choice of either hiring a Patent Attorney in India to initiate the process of Intellectual Property or just proceed on your own. In both cases, you have to spend money but the amount will differ. The fee for patenting is different in different countries so you must be aware of the total fee involved. Also, the fee differs depending upon which Patent you are going for. With so much of complexities involved, you will never be able to find the actual cost of the patent process unless you have completed it.

  • Your Patent is protected across the world

As we have already discussed that patent laws are different in different countries. From filing a patent to the procedure and fees structure, everything differs from country to country. One of the major myths about patents is that people think that if they have patented their invention in their country, their idea will be protected across the world. Unfortunately, this is not the truth. If you file a patent in India for example, your idea will be protected only in India and people from any other country except India can copy your idea without having to bear any penalties or legal consequences.

If you want your idea to be protected worldwide, you have to file your patent with WIPO which is the World Intellectual Property Organization. If you file a patent under WIPO, your single idea will be protected in almost 140 countries. The cost of this is totally different than that of a normal patent process.

  • Patents are useful only in legal terms

Most people think that patenting an idea will save their idea from getting copied in a legal way and they can sue the other person or company if they find that their idea has been copied. This is to an extent true, but this is not the only reason business files a patent. This used to be the case earlier but now a patented idea is seen as a better competitor in the market. Not only a protected idea shows that you are not a copycat, but it also shows that you are very serious about your business and ideas. If we go by the latest trend, the ideas which have been patented are marketed in such a way to show a business superior to its competitors.

  • Nobody can copy your idea once it is patented

It is very much obvious that a business files a patent only for the reason to stop other businesses to copy its original idea. Patent rules are also made in such a way to prohibit copying ideas that are patented already. But, unfortunately, this is not the case every time. If the patent laws in your country are not strong, you will find your ideas being copied by others even if they are patented. In such cases, you need to highlight the issue before Patent Attorney to make sure that the other person or business is penalised.

There are a lot of myths about Intellectual Property and knowing the facts is extremely important before proceeding.

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Ketana Babaria Ms. Ketana Babaria, an advocate and registered patent Agent M. Sc. LL.B PGO-IBM, is of 20 years experience in the field of IPR, worked for generics and giants now leads a team, handling all aspects of patent and legal matters related to the pharmaceutical & non-pharmaceutical.