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.