The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
A Patent is a form of intellectual property that gives its owner an exclusive legal right for a limited period of 20 years from the date of filing the application in exchange for a comprehensive public disclosure of the invention.[1]
The Patent system is designed to encourage inventions that are unique and useful to the public domain.
A Patent provides its inventor an exclusive right to the patented process, design, or invention.
A Patent will only be granted for an invention if it qualifies for a patent.
For an invention to qualify for a patent:
Contents hide
2.1 Persons Entitled To Apply For Patents
2.2 Form Of Patent Application
3 Provisional And Complete Specification
There are three types of patents:
Priority date refers to the earliest filing date in a family of patent applications:
Therefore, it is possible to have multiple priority dates if new features were add in the relate patent application.
Once the patent application is file at the Indian Patent Office, the patent application gets automatically publish in the Official Gazette after ‘eighteen months’ of completion from the date of filing or priority date.
The date of publication is very important as it provides privileges and patent rights to the applicant as if a patent for invention had granted on the date of publication of the application.
The publication of patent application shall provide following details:
Once a patent application is file and publish, the next step would involve an examination of the patent application.
The applicant needs to file a request for examination within “forty-eight” months from the date of filing the application or the priority date’ whichever is earlier.
The examiner performs a patent search in order to identify that the prior arts are relevant to the invention.
The objections relate to the applicant shall define properly with proper reasoning supported by relevant legal provisions. So that the addressee would understand without seeking further clarification.
The examination report can either be favorable or adverse to the applicant;
If it is favorable, the applicant, within twelve months has to put the application for the grant.
If it is adverse, it includes formal objections related to errors in the form or fees and other objections related to patentability requirements.
The applicant can also request a hearing within one month from the date of receiving the examination report to explain the reasons regarding the non-acceptance of objections to the examiner.[5]
The examiner can also withdraw the application by filing a written request and paying the requisite fee, any time after the filing of the application and before the grant of the patent.
[1] Find law, what is patent, FindLaw, (February 09, 2021,7:05 pm) https://www.findlaw.com/smallbusiness/intellectual-property/what-is-a-patent.html
[2] Bare act, intellectual property laws, page no. 96
[3] Invite, Establishing Priority Dates Of Claims In A Patent Specification, INVNTREEIPSERVICESPVT.LTD, (February 09, 2021, 8:15 pm), https://www.mondaq.com/india/patent/394428/establishing-priority-dates-of-claims-in-a-patent-specification
[4] Admin, Early Publication of Patent Applications in India: Provisions, Importance, and Current Scenario at Indian Patent Office (IPO), EFFECTUALSERVICES.COM, (February 10, 2021, 1:10 pm), https://www.effectualservices.com/early-publication-of-patent-applications-in-india-provisions-importance-and-current-scenario-at-indian-patent-office-ipo/#:~:text=Publication%20of%20Patent%20Application,1)%2C%20Rule%2024).
[5] Anjali Santosh, Patent Process-Examinations Of Patent Applications In India, BANANAIP.COM, (February 10, 2021, 4:32 pm), https://www.bananaip.com/ip-news-center/patent-process-examination-of-patent-applications-in-india/#:~:text=Once%20a%20patent%20application%20is,examination%20of%20the%20patent%20application.&text=The%20examiner%20performs%20a%20patent,arts%20relevant%20to%20the%20invention.
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