Patent are the monopoly rights given to an inventor to exclude others from using, selling, making and importing of the patented Invention/product. These are the statutory rights provided to an inventor to commercially exploit his invention for a period of 20 years exclusively. The main purpose behind granting patent protection to the inventions was to encourage inventors to come up with new inventions and promote research and development activities. The main criterion for patentability of an invention is novelty, inventive step and industrial application.
• A patent is granted for an invention
• A patent is granted for a period of 20 years
• Both product and process can be patented
• A patent is granted on the functionality of an invention
• Patent can be assigned and licensed to a third party by a patentee
As a patent can be so crucial in maintaining a business advantage, many inventors/businesses wish to patent their inventions even before they are finalized. This is possible through a provisional patent, which helps the inventor 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 granted the permanent patent. The documents for the permanent patent would, however, have to be filed within 12 months or else the application would be abandoned entirely.
A patent is a right granted to an individual or enterprise by the government that excludes others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the minutae of the invention. A patent for a product or process that proves successful can give its owner a serious competitive advantage over rivals. It is valid for 20 years, after which it falls into the public domain. A patentable invention can be any art, process, method or manner of manufacture; machine, apparatus or other articles; substances produced by manufacturing; computer software with technical application to industry or used with hardware; and product patent for food, chemicals, medicines and drugs.
A patentable invention can be any (1) Art, process, method or manner of manufacture, (2) Machine, apparatus or other articles, (3) Substances produced by manufacturing, (4) Computer software with technical application to industry or used with Hardware, and (5) Product patent for food, chemicals, medicines and drugs.
20 years from the date of filing for a provisional or permanent patent, the patent falls into the public domain.
The details of the invention on a CD or pen drive, along with its name, comparison with existing products, uses and date of publication (if any). Applicant information is also required.
A patentee must disclose the invention in the patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent.
It is, therefore, effective only in India. However, filing an application in India enables the applicant to file a corresponding application for same invention in convention countries, within or before expiry of twelve months from the filing date in India. Therefore, separate patents should be obtained in each country where the applicant requires protection of his invention in those countries. There is no patent valid worldwide.
1. Finding whether the invention is patentable subject matter
2. Drafting of application for patent filing which includes work or invention to be explained with drawings, diagrams or sketches
3. Publication of the application
4. Request for examination
5. Clearance of all objections
1. Declaration as to inventorship
2. Statement and undertaking
3. Proof of right to file an application
4. Authorization of an agent