It is an exclusive right provided to the
patentee by the government regarding his inventionfrom making, using, selling, and
importing the patented product without the patentee’s permission.
By getting your invention patented, you
protect your intellectual property for 20 years so that you invention cannot be
copied, manufactured, sell or imported without your permission.
Additionally, patentee can offer licensing
facility to others to use it, sell it in exchange of royalties
·
Invention relating
either to a product or process should be new.
- It should have inventive step or it must be non-obvious.
- It should be capable of Industrial application.
What cannot be patented?
The list below mentions inventions which
cannot be patented as per the Act:
·
Any
invention which is contrary to the established laws
·
Any
invention which is prejudicial to human, animal, plant life or environment
·
Any
discovery of living or non living substances
·
a literary,
dramatic, musical or artistic work or any other aesthetic creation
·
Invention
which is and aggregation or duplication of known properties and others whose
list has already been mentioned under the Patent registration Act.
Who can apply for Patent?
·
True and
First inventor or his assignee
·
In case of
joint applicants the first mentioned applicant
Where can the Patent application
be filed?
For resident applicant
·
Application
for patent registration can be filed at the Patent Office under whose
jurisdiction applicant resides ;
·
At
applicant’s domicile;
·
Applicant’s
place of business ;
·
the place
from where the invention actually originated.
For non-resident applicant
·
Application
for patent registration can be filed at the address for service in India;
·
Place of
business of his patent agent in India
How to file Patent application?
1.
Patent
search- In order to ascertain the
novelty of the invention, it is always advisable to do patent search before
filing application at http://ipindiaservices.gov.in/publicsearch.
2.
Filing of an
Application- Application can be filed with
provisional or complete specification. If application is filed with provisional
specification, application with complete
specification has to be filed within 12 months from date of filing of
provisional application
*Note: From 20th July, 2007 the patent
application can be filed through online portal at https://ipindiaonline.gov.in/epatentfiling/goForLogin/doLogin.
3.
Publication
of Application- Within a period of 18 months
from date of filing of application, the application will be published in
an official journal for the public to raise objections, if any
4.
Examination
of patent Application- Now,
patent examiner will examine the application only when the request for the
examination has been generated by the applicant within 48 months from date of
application. The response to the examination report marled by the objections
issued to be filed within 12 months. If examiner needed, can demand for hearing
of applicant or his agent
Grant of patent-If the objections are met and examiner is
satisfied by the reply of applicant, patent will be granted.Original Source- https://swaritadvisors.com/learning/what-is-patent-and-what-does-it-offer/
