After the process of patent registration, one gets intellectual property right to an invention carried out by an individual or a firm. In case it is unique, the government will grant you the full right for your product. It grants you the full right of making, using, selling or importing the product or process and prohibits others from doing so. The patents in India are governed by the Patent Act 1970 and Patent Rules 1972.
The lifetime of a patent is 20 years. This period is limited is most cases. But it could only be extended by the act of congress. And in rare cases it could be extended for a few years.
The patent could be for many things, be it process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs. We, at LegalRaasta act as patent agent. It helps companies register themselves in Delhi NCR, Mumbai, Bengaluru, Chennai and all other Indian cities.
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Your questions, answered.
is a protection that is granted for an invention. Owning a patent gives you the right to stop someone else from using, making or selling your invention without your permission. It is granted by the U.S. Patent and Trademark Office (PTO) and has tenure of 14 to 20 years. To get patent registered, technical information about the invention must be disclosed to the general public in a patent application. Both natural persons and corporate entities may apply for a patent.
The exclusive right granted to a patentee is the right to prevent others, from commercially making, using, selling, importing, or distributing a patented invention without permission.
A patent can be so crucial in maintaining a business advantage, many inventors or businesses wish to patent their inventions even before their inventions are finalised. This is possible through a provisional patent, which helps the inventor to establish earliest ownership over the invention on submission of the provisional specifications of the product or process.
As India follows the first-to-file system, this would ensure that the holder of the provisional patent would also be contracted the permanent patent. The documents for the permanent patent would, have to be filed within 12 months or else the application would be abandoned entirely.
The details of the invention to be given in a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also necessary.
There is no such thing as a “World Patent”. One single patent filing cannot protect your invention idea in every country on earth. To get patent protection in a particular country you need to ultimately file for a patent in that particular country.
Patent licensing is a part of how to patent an idea. It is a revocable agreement between a patent owner and a licensee to transfer interest in a patent to a licensee. Who can get benefit from and enforce the intellectual property rights.
A patent owner can license or transfer interest in a patent. The licensor gives the right to the intellectual property, usually for a certain period. During this time, the licensee can use, make or sell the invention or design. The licensee can also obtain profit from the intellectual property during the license period.
A patent filed in India can be sold to anyone within the country. By selling patents, inventors can usually demand a lump-sum payment.
For filing patent in India, the Indian patent office keeps every patent application private until it gets officially published in the Patent Journal.
It happens automatically after 18 months from the filing of applications. And there is no need of any request to be raised. To get patent published in advance. The applicant has to initiate a formal request and it will get published within 1 month of the request.
The publication date does matter the most as the inventors are entitled to protect their work legally post publication.
The database InPass provides a detailed information of all the patents filed so far (both accepted and rejected), with also the details of persons or companies filing for such patents and the steps involved in the particular invention and so on.
The first step is to click on run a public search and search for published applications or granted patents. You can use the suitable field of interest on which you need the patent to be awarded. There are several search parameters given on the page. You may pick them according to your necessity. For instance, one can search for patents or applications by using a keyword search, application name search or through the inventor’s name.
Permanent patent is an exclusive legal right of an inventor, giving them the legal authority to prohibit others from using, making or selling a particular invention. Most importantly, the patent have a tenure of 20 years, after which the invention comes into the public domain so that the invention is open for everyone to use.
Per the Patents Act, Sections 3 and 4 states the non-patentable subject matter and therefore it is important that the invention should not fall under those sections.
As the name suggests, the invention must not be obvious to persons skilled in the particular area. And any feature of it may involve technological advancement or the invention may have economic significance.
The invention must be new and not have been published in any public domain or anywhere else in the world.
The invention should be of practical use or capable of being used in an industry.
Once the invention has met all the specified statutory requirements. The applicant has to draft a patent specification and file the same with the Indian patent office. Patent specification or the patent disclosure or a permanent patent is more of a techno-legal document in which the inventor must specify the complete details of the invention to seek for patent protection.