Patent Registration process India
Patent rights are rights allowed to a person for a new invention. The process of invention or modification of an existing invention is known as patent. Patent Registration process India, is in the act of 1970.
It consists of the law relating to patents in India. The period for which a patent is granted is 20 years.
Indian patent offices are in Kolkata, Delhi, Chennai and Mumbai. Here patent applications can be filed. In sections 3 and 4 of the patent act of 1970, contain a list of inventions which cannot be patented.
The applicant has to make sure that his invention has not been patented before. The next step is to file a patent application. This can be done either by the inventor or by his assignee. The application can be filed jointly or independently. In case of a deceased person the legal representatives can make the application.
The application can be provisional specification or complete specification. Complete specification should be filed in 12 months.
The patent should not be published before the application is filed. Either the agent or the applicant can file the patent specification. It usually includes the title of invention, prior art, and any drawbacks in the prior art. If it is a complete specification then the scope of invention must be mentioned.
Complete specification can be directly filed without a provisional specification. If provisional specification is filed, the applicant can claim priority date. Besides, it gives time to the inventor to assess the market value of the invention before filing a complete specification.
The next step is filing a request for examination, which should be done in 48 hours from the date of priority or date of filing of application. A First Examination Report (FER) will then be issued by the patent office.
The patent application will be published in 18 months after the date of filing. However the applicant can make a request for early publishing. The application will be assessed by the patent officers. The application will be filed in the gazette of India, if it is found suitable. The patent will be granted if there is no opposition on payment of the sealing fee, in six months from the date of advertisement.
The patent will be open for defiance by third parties, for one year from the date on which it was advertised. Normally it is open for a period of four months. But extension for one more month will be granted if applied for.
If the application is refused, and the applicant has filed a request 10 days in advance, before the expiry of the statutory period. After that, the controller should provide a chance for being heard.
The patent office will have a register of patents. It contains the patent number, name and address of the patentee.
There are no patents that are valid worldwide. However pct patent application can be filed in any of the four patent offices in India. They should act as the receiving office for international application.
Patents have to be renewed every year by paying the required fees.
Call us on 91-484-3022295-99 for knowing about Patent Registration process India or for getting a patent registration service from us.
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