Secure exclusive rights over your invention with Patent Registration
The complete patent is an exclusive legal right of an inventor, giving him/her the legal authority to exclude others from making, using, selling, offering for selling or importing a particular invention. This right vests in the patent for 20 years, from the date of filing. The validity of 20 years is set to inspire people to create more or to add to their innovation. The holder of the patent is entitled to sue any person who violates the patent and chooses who to sell, grant or licence the patent.
Anything that’s is a mere discovery, and does not have any inventive step
Anything that’s frivolous, obvious, contrary to law, injurious to public health and inventions relating to atomic energy
A mere arrangement or rearrangement or duplication of known devices, and anything that does not have any utility
A method of agriculture or horticulture
The patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it under the law, anyone can exploit it commercially once available to the public. To restrict others from utilizing, selling, or making copies, the inventor must apply for a complete patent.
If you are an employee, then usually all the intellectual property generated during your course of employment would belong to the organization or the company you are working for. If there has been no such agreement you can apply for the patent in your nam, but it is advisable to take a No Objection Certificate (NOC) from your employer or Institute if you have used the resources of your employer or institute to avoid any future disputes.
No, once the invention is in the public domain, it cannot be patented anymore. Inventors should not disclose their inventions before filing the patent application online or offline. However, under certain circumstances, the Patents Act provides a period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organized by the Government or disclosure before any learned society or published by the applicant for the same author and same inventor only.
An invention needs to have these three main qualities to be patentable: i) Novelty – invention should be new;
ii) Inventiveness (Non-obviousness) – needs to have an inventive step that makes the invention unique;
iii) Industrial utility / Usefulness – it should not be a mere prototype but it should be working and has to have some use.
iv) It should not attract the provisions of section 3 and 4 of the Patents Act 1970 which describes non-patentable invention in India.
Filing the provisional specification is an optional step, if you already have complete information about your invention, then you can directly go for complete specification, there is no requirement to file the provisional application for patent.
A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global.However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries or under PCT, within or before the expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
1. The patent expires if it has lived its full term i.e. 20 years
2. The patentee fails to pay the annual renewal fee.
3. The validity of the patent has been successfully challenged by an opponent by filing an opposition.
4. The patent is revoked.
A patent rarely has any value if the commercial worth of the product or technology cannot be demonstrated and exploited. Therefore, a person has to see the utility and demand for the invention in the market before he/she files for a patent, they can make money from their patent by claiming royalties, selling, or license their patented invention.
Yes, in case the claims in the complete application extend more than 10 in number, an additional fee would be levied as per the fee structure table given under the first schedule of The Patent Act 1970.
Both certifications aid in utilizing these benefits given by the government. Benefits like the discount of 50 % in government fees.
Government charges for a physical application are 10% higher than online application to promote the green initiative.
No there is no such automatic report generated by the patent office, the applicant needs to file for a request for examination and then only it will be examined. The period for making such a request is of 48 months from the date of filing of the final application or priority whichever is earlier.