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What Is a Patent registration?
The patent is approved and granted by the India Patent and Trademark Office Database which allows the patent owner to preserve an impact or monopoly for a limited period of your time for the utilization and development of his creation.
This right eliminates others from creating, processing, producing, using, marketing/selling, and importing the products or processes in India without the patent owner’s consent.
What Can Be Patented?
It is often any discovery/creation/ invention associated with work, manufacturing, process, computer software, etc which wasn’t introduced to the general public earlier.
A patent registration granted in India is applicable and valid only in India i.e. a patent owner isn’t allowed to exercise his rights outside India. just in case the patent owner wants to urge protection in countries outside India, then he has got to apply for an equivalent 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. then, it might come under property right.
Advantages Of Patent Registration
INVENTION IS PROTECTED
the patent is a property that protects your creation/invention and averts or prevents others to use it without your prior consent.
SELL OR TRANSFER PATENT
It is often a sold and, transferred or franchised. By doing this more revenue is often generated.
PATENT VALID FOR 20 YEARS
Your invention gets protection for a specific period which helps you to guard your invention.
It helps to create business and also helps in raising capital for business.
By licensing the patent to other companies, royalties are often received by the owner.
Thus businesses and investors can have an entire monopoly and competitive benefit.
5 Easy Steps For Patent Registration
1. Patent search
If there’s a patent already registered which is analogous to your idea. Then Patent search saves the trouble of browsing the tedious registration procedure.
2. Patent domicile
The patent that’s registered in India are only valid for India. It doesn’t apply to other countries. it’s also possible to guard invention abroad also. For the same, you would like to use it for a separate application in each country.
3. File Patent Applicant
An application should be filed with the department before disclosing all the small print about your invention.
4. Patent Review
The Patent and Trademark Office Database of the Indian government reviews your application. There check if there are any current patents given or granted on the likes of the idea. If not, then they provide a patent for the appliance submitted.
5. Patent Grant
Once the patent is granted, the status of the appliance is going to be updated online at the location. 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 therefore the patents rule 1972 governs the entire legal system.
Persons eligible to use (section 134):
An application for a patent for an invention could also be made by any of the subsequent persons:
- By a person claiming to be the truth and first inventor of the invention.
- A natural person being the assignee under jurisprudence and claiming to be the truth and first inventor of the art/research with respect to the proper to form such an application.
- By the personal representative of any dead person who immediately before his death was entitled to form such an application.
An application could also be furnished by any of the persons mentioned either alone or jointly with another person.