Learn about our Pacific Alliance initiative
Explore our insight by industries, practices and locations
A Patent is an exclusive right given to the patentee over his/her invention for a limited period of time. The patentee will have an exclusive right to make, sell, use the patented product or process. The patentee can further cense or grant his license to a third party and can enjoy royalty from it. However, whether the invention is patentable or not depends upon various factors such as the invention must be novel, must involve an inventive step and which can be used in an industry.
Once a company is formed, it must get itself registered through the Registrar of trademarks which is valid for the 10 years from the date of its application. Therefore to retain its trademark right or to enjoy Trademark rights throughout after 10 years, it must renew its trademark from time to time. Trademark renewal will help in the preservation of rights and all the protection that comes with it.
In India Patent Act, 1970 and Patent Rules, 1972 governs Patent law.
For Patent registration an application can be filed by either an individual or a firm. In India Indian Patent office grants the patent registration. To prove that the invention is unique, the inventor has to produce all evidence in connection with the invention.
Patent registration applications can be filed online along with the provisional or complete specification with the prescribed government authority. A Patent registration is not granted for a lifetime, it is only granted for a limited period of 20 years from the date of filing of patent registration application. After expiry of 20 years, the invention falls under the public domain.
If you want to file a Patent application, BIAT Legal LLP can file on your behalf as we act as a patent agent all over India.
Following are the kinds of patent which cannot be patented in India-
Following are the three criterias that are to be met before application for the patent registration-
For Filing Patent Registration in India, following are the documents that are required and they are as follows-
Patent Registration Application is filed with the Patent Act, 1970 with the prescribed authority. With Patent registration, an inventor will have the monopoly over his/ her invention. Patent registration application should be fled to avoid any dispute in future in relation to infringement.
For Patent Registration, Following points needs to be considered-
In India patent registration is granted for a limited period of twenty years from the date of prosisonal or complete patent registration application is filed. After the expiry of 20 years, it would fall under the public domain.
To keep the patent alive it has to be renewed every year along with the prescribed fees. The patent needs to be renewed mandatory, in case the patent is not renewed then it will cease to exist. The patent renewal fee is payable at the end of the 2nd year from the date of patent registration.
After filing the request for examination, the examiner will examine the application from the relevant technical background. While scrutinizing the examiner will see whether the invention qualifies the patentability criteria or not. After this, an examiner will issue an examination report to the applicant which will describe the grounds for objections. This examination report is also known as “First Examination Report (FER)”.
On receiving FER the applicant needs to respond to the objections and if the examiner is satisfied with the reply then the patent is granted within 6 months to the patentee.
Once the Patent registration is done and is granted to the patentee, he reserves all right over the invention in relation to selling or distributing the invention for a sum of money. A patentee can also assign rights to produce and bring the patented products to market as per the terms prescribed by the patentee. A patent is a transferable property and it can easily be transferred from one patentee to another through assignment; however it can only be assigned by the owner of the invention by signing of an agreement.
BIAT Legal LLP could help you in filing Patent registration applications. We offer all types of legal services all over India and cross Borders.