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Patents



Brief

  • A Patent is the statutory protection for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention.
  • A Patent is a country specific right
  • A Patent gives monopolistic rights to its owner to exclude others, from making, using, selling, offering for sale or importing the product or the process for producing the product without his consent
  • The Patents Act, 1970 and the Patents Rules 1972 subsequently amended in 1999, 2002, 2005 and 2016 govern the provisions relating to Patents in India
  • Any product or process which is new, non- obvious and capable of industrial application can be patented
  • A patent is not granted if the invention is already available in the public domain in any form; published literature anywhere in the world or through common knowledge.

The term of every patent in India is twenty years from the date of filing the Patent application.

The following persons are entitled to apply for patents:

  • Any person claiming to be the true and first inventor of the invention, either alone or jointly with any other person;

  • Any person being the assignee of the person claiming to be the true and first inventor in respect of the right to make such an application, either alone or jointly with any other person;

  • Legal representative of any deceased person who immediately before his death was entitled to make such an application

  • Patentee has the exclusive rights to use the Patent.
  • Patentee or an authorised person can initiate legal action in the case of infringement.
  • Patentee can commercially exploit the potential of his product/process; no one can copy or use without the permission of the during the period of the patent.
  • Patented products can be licensed, assigned or sold for commercial consideration

Patent Office

The Office of the Controller General of Patents, Designs and Trademarks oversees the functioning of the Patent Offices which are in New Delhi, Mumbai, Chennai and Kolkata

 
Last Updated/Reviewed on Jun 19, 2018 @ 11:43 am
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