What is Patent ?
A Patent is a monopoly right granted by the government to a person who has invented new useful articles or an improvement of an article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent, anybody can make use of the invention.
Who can apply for a patent ?
1. Any Person being the inventer of an invention or his assignee can apply alone or jointly with any other person. 2. Applicant of a application in a basic convention country can apply by himself or through his assignee.
What is patentable invention ?
As per the Indian Patents Act, 1970 invention means any new or useful i) art, process, method or manner of manufacture, ii) machine, apparatus or other article., iii) Substance produced by manufacture and includes any new and useful improvement of any of them and alleged invention.
Whether a Foreign National is competent to file patent application in India ?
Yes. A Foreign National residing abroad is not prohibited from making an application and obtaining the grant of patent in India.
Can a Firm or a Company apply for a patent ?
Yes. A Partnership firm, a Private or Public Ltd Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as 'Inventor'. Hence such bodies can apply for patent as the assignee of the 'inventor' under the Indian Patents Act, 1970.
Whether the 'prior sale' can be made before filing patent application?
No. The invented article must not be put in the market for sale or be physically sold under the invoice before filing patent application in the patent office. Otherwise the invented article or process will loose novelty to create sufficient grounds for invalidating the changes of getting a patent. Hence the novelty in the invention is lost if the article is demonstrated, worked or sold. Therefore it is advisable not to commence the commercial marketing of an invented article before applying for patent
What are the stages for obtaining a patent ?
i ) Specification ii ) Examination of application iii ) Advertisement and acceptance of complete specification in the Patent Gazette. iv ) Opposition to the grant of patent, if any. v ) Grant and sealing of the patent ...
How long does it take to grant patent ?
At present on an average it takes about 4-5 years from the date of filing application.
What is a specification ?
A patent specification is a technical document describing the invention. A specification may either provisional or complete. Provisional specification gives the initial description of an invention when the application is filed. A complete specification gives full and sufficient of an invention.
What is meant by 'term of a patent' ?
The term of the patent is meant for duration of the validity of the patent. i ) The term of patent will be FIVE years for food, drug, medicine cases from its sealing date of seven years from the date of patent whichever is shorter. ii ) The term of patent in respect of other inventions will be FOURTEEN years from the date of patent ( i.e., date of filing complete specification )