What Is a Patent registration?

The patent is approved and granted by the India patent office which permits the patent owner to preserve a control or monopoly for a limited period of time for the use and development of his creation.

This right eliminates others from creating, processing, producing, using, marketing/selling, and importing the products or process in India without patent owner's consent.

What Can Be Patented?

It can be any discovery/creation/ invention related to work, manufacturing, process, computer software etc which was not introduced to the public earlier.

A patent registration granted in India is applicable and valid only in India i.e. a patent owner is not allowed to exercise his rights outside India. In case the patent owner wants to get protection in countries outside India, then he has to apply for the same in other countries within 12 months of receiving a patent in India.

Term Of Patent

Patent registration continues for 20 years from the date of filing the provisional or permanent patent. After that, it would come under public domain.

Advantages Of Patent

Invention is protected

the patent is an intellectual property which protects your creation/invention and averts or prevents others to use it without your prior consent.

Sell or Transfer Patent

It can be a sold and, transferred or franchised. By doing this more revenue can be generated.

Patent valid for 20 years

Your invention gets protection for a particular period which helps you to protect your invention.

Build business

It helps to build business and also helps in raising capital for business.

Royalties

By licensing the patent to other company, royalties can be received by the owner.

Monopoly

Thus businesses and investors can have a complete monopoly and competitive benefit.

5 Easy Steps For Patent Registration

1. Patent search

If there is a patent already registered which is similar to your idea. Then Patent search saves the effort of going through the tedious registration procedure.

2. Patent domicile

Patent that is registered in India are only valid for India. It does not apply to other countries. It is also possible to protect invention abroad also. For same, you need to apply for a separate application in each country.

3. File Patent Applicant

An application should be filed with the department before disclosing all the details about your invention.

4. Patent Review

The Patent office of the Indian government reviews your patent application. There check if there are any current patents given or granted on the like idea. If not, then they give a patent for the application submitted.

5. Patent Grant

Once the patent is granted, the status of the application will be updated online at the site. It can take approx.6 months to even 1.5 years for a patent certificate to be granted.

Patent registration Governing Law

The patent act 1970 and the patents rule 1972 governs the whole of the patent system.

Persons eligible to apply (section 134):

  • An application for a patent for an invention may be made by any of the following persons:
    1. By any person claiming to be the true and first inventor of the invention.
    2. A natural person being the assignee under patent law and claiming to be the true and first inventor of the art/research in respect of the right to make such an application.
    3. By the legal representative of any deceased person who immediately before his death was entitled to make such an application.
  • An application may be furnished by any of the persons mentioned either alone or jointly with another person.
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