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Expertise in Patent Registration
The Indian Patent Act, 1970, is the source to understand patent laws in India, Section 2(m) defines patent as a “Patent being something which is made by invention under this Act”. This statement is enough to give the readers an overall idea of the patent. To further understand this, a patent is something that gives an individual a monopoly right to be an inventor of something. The patent is given only to the sole owner or the innovator of that particular product as that thing is created by the hard work, spending of capital towards the said innovation. The overall concept stays to protect that individuals' work from being copied, sold, manufactured or to distribute.
Under the Patent Act, 1970 to obtain a patent is to obtain a legal right from the government in safeguarding an innovation and further restrict others to copy, manufacture, sell or import the said innovation without the permission of the patent holder. These are the rights which are safeguarded for the new innovation and makes it exclusive for the patent holder for a limited time period.
Registration of a patent is to be considered as a legal process in India as of which the innovator of that particular product gains rights over that particular. The registration of patents revolves around criteria for registration but there are certain classes of innovations which are specifically excluded like emergence of a scientific theory, any new mathematical calculation or a new computer programming innovation.
In India, the Patents Act, 1970, and its subsequent amendments govern patent registration. The Indian Patent Office (IPO) administers this process, overseeing application filing, examination, and granting patents based on novelty, inventive step, and industrial applicability. The Act outlines criteria for patentability, including exclusions like discoveries and mathematical methods. Patent applications must include a description, claims, and other necessary documents. Once granted, patents confer exclusive rights to the patentee for 20 years from the filing date, allowing them to prevent others from using the invention without consent.
Following things are eligible to be patented in India:
Following things are not eligible to get patented in India:
There are several types of patent registration in India which includes as follows:
The category of patent includes the new innovations with respect to new machines, manufacturing units, or towards any new improvement. Being a most common type of patent it is basically granted for a time period of 20 years towards any of the innovations as said above.
All the new variety of plants which are reproduced through the process of grafting and cutting are subjected to asexually produced plants and the validity of patent stay for 20 years from filing the application form.
This category focuses upon any innovation based on ornamental or the aspect of any product which requires particular skills to be crafted and only is valid for a period of 15 years.
The innovative breakthrough made by innovating any new software is eligible for a novel step.
Some of the key advantages of patent registration are:
They require certain eligibility criteria to make sure that the said patent is protected. Let us understand it further:
Patent which got registration are protected for 20 years from the date of registration. Hence it can be said that patents are valid for 20 years from the day it got protection of registration. Once this tenure of 20 years expires then you need to either renew it or your property becomes public property. Hence it is important for the owners of the patents to renew their respective patents timely in order to further project them.
List of key documents which are necessary in order to do patent registration are:
Patent registration involves various steps for availing a successful patent in India. Let us understand further:
In India, applications for patents can be filed with the Indian Patent Office. The Indian Patent Office has branch offices located in major cities across the country. These include:
The process of renewal involves the patent fees to keep it updated which is 20 years from the date filing the application and it increases with every renewal period. The first renewal is to be made at the end of third year, which is after the date of filing the application and you have to make continuous renewals after a period of prescribed time.
The time period involves various factors that shall determine the registration of a patent as the application procedure for filing of Patent application and its completion requires a period of 12 months, the publication requires 18 months from the date of filing for application. The procedure for examination involves 48 months, the overall process for examination involves 2-3 years. The overall process can be completed within 3-4 years as it is objected to various terms and conditions.
Whizseed is an experienced corporation who is having expertise in the registration of patents and its registration in India. It will make your work easy and saves a lot of money and time. It plays a vital role for registration services of Patent application as it consists of the following:
