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SAHU & ASSOCIATES:Patent registration helps protect inventions that are novel, involves an inventive step and shows industrial application. Makemyregistration can help obtain patent registration.
A patent registration helps in getting an intellectual property right to an invention carried out by an individual or firm. IP department has been initiated by Indian government to grant you the full right to register your invention under patent (but only if it is unique). In return the inventor must produce all the proofs related to the invention as asked by the government. It also ensures that owner gets more preference over other person for your particular invention. In India, Patent is being governed by the Patent Act 1970 & Patent Rules 1972.
Patent does not long for a lifetime. After a period of 20 years it falls under the public domain. The invention can be anything such as process, art, method to manufacture, particular apparatus, machine, computer software, technical application, chemicals or drugs.
WHY PATENT REGISTRATION
- Get royalty by licensing your patent
- Protection for a period of 20 years in India
- You can then utilize your invention yourself.
- Stop others from using your invention without your permission
WHAT IS A PATENT?
The Patent system in India is governed by the Patents Act, 1970 & The Patents Rules 1972.
TA patent is a grant by the India patent office that allows the patent owner to maintain a monopoly for a limited period of time on the use and development of an invention.
This right excludes others from making, processing, producing, using, selling, and importing the product or process in India without patent owner's consent.
REQUIREMENT FOR INVENTION TO BE PATENTABLE:
The invention must be new or novel, means that the invention must never have been made before, carried out before or used before. It must show some new characteristic which is not known in existing public knowledge (called "prior art") in its technical field. Prior art refers to everything that has been published, presented or disclosed to the public (example on a website, article or in any magazine etc).
2) Inventive Step:
The invention must be non-obvious or involve an inventive step that means it should not be obvious to the person skilled in the art. It could not be deduced by a skilled person with good knowledge in the technical field of the invention. This person with average knowledge in the technical field is commonly called as Person Ordinarily Skilled in the Art (PHOSITA).
3) Industrial Application:
The invention must be useful or capable of industrial application. It must be capable of being made or used in the industry.
4) Not publically/commercially disclosed:
A patent application must be filed prior to any disclosure to the public that is it must not be known or used in public before filing of the patent application. (though some countries provide a grace period to waive off such disclosure)
5) Patentable matter
Finally, the invention must be part of the "patentable subject matter" under the applicable law.
Procedure of Patent Registration in India :
Step 1: Patentability/Novelty Search
Step 2: Patent Drafting
Step 3: Patent Filing
Step 4: Publication
Step 5: Request for Examination
Step 6: Issuance of Examination Report
Step 7: Hearing with the Controller
Step 8: Grant of Patent
ADVANTAGES OF PATENT
1. Patent protects invention: It an intellectual property which protects your invention and prevents other to use it without your prior permission.
2. Sell or transfer patent right: You can sell, transfer or franchise your patent. This will help you to raise more revenue.
3. Patent valid for 20 years: Your invention gets protection for a particular period which helps you to protect your invention.