Patent questions inventors actually ask.
What is the difference between a patent, a trademark, and a copyright?
They protect different things. A patent protects an invention, how something works or, via design protection, how it looks. A trademark protects brand identifiers, names, logos, slogans. A copyright protects original creative works, writing, art, music, software code. A single product can involve all three: a patent on the technology, a trademark on the brand, and copyright on the content. They are complementary, not alternatives.
What is the difference between a utility patent and a design patent?
A utility patent protects the functional aspects of an invention, how it works, and lasts 20 years from filing. A design patent (a design registration in India) protects the ornamental appearance, how it looks, and lasts a shorter, renewable term. A product with both a novel function and a distinctive look can be protected by both at once.
Do I need a working prototype to file a patent?
No. You do not need a physical prototype. But the invention must be developed enough, conceptually, that the application can describe it in sufficient detail for a person skilled in the field to build and use it. The quality of that description, the specification and claims, is what determines the strength of the patent.
Should I file in India first or in the US?
It depends on your market and budget. India’s filing fee is far lower (Rs 1,600 for an individual or startup, against a much higher USPTO fee), so India is an efficient place to establish priority, from which you have 12 months to file abroad. But if the US is your primary market, a direct USPTO filing may be the more strategic first move. We help you choose the sequence that fits your business, not a one-size answer.
What is the difference between PCT and direct national filing?
A PCT (Patent Cooperation Treaty) application is one international filing that preserves your rights in 150-plus countries and gives you up to 30 to 31 months to decide which countries to enter, more flexibility, deferred cost, longer timeline. Direct national filing means filing separately in each country within 12 months of your priority date, faster and cheaper if you already know your target markets. The right choice depends on how certain you are about where you will commercialise.
Can software be patented?
Yes, but the test varies by jurisdiction and the drafting is decisive. India allows patents for Computer-Related Inventions (CRI) that produce a technical effect and are not merely business methods. The US, post-Alice, requires a genuine improvement to computer functionality. Europe focuses on technical contribution. The same software may be patentable in one jurisdiction and not another, depending on how the application is framed, which is why drafting matters so much here.
How long does a patent take to grant?
Utility patents typically take 18 to 36 months from filing to grant; design registrations are usually faster, often 12 to 18 months. In India, startups can request expedited examination to obtain a grant considerably faster. The application number and “patent pending” status come on filing; the grant comes at the end of examination.
Do I have to patent in every country?
No. Patents are territorial, so protection only exists where you have a granted patent, but you rarely need every country. Filing in your key commercial markets, often a combination such as India, the US, Europe, and China, provides adequate protection for most technologies. We help you choose the markets that actually matter for your business and budget.