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A Patent is granted to an inventor for its invention. It is a set of exclusive rights given to an investor. It is granted by the government for a limited period of time in a particular territory. With the help of public disclosure of an invention, it helps in excluding it from using an invention by others. Here we are discussing Patent registration process for a new invention in India.
Table of Contents
An application can be filed by any person stated above either alone or jointly with any other person.
It is a temporary application which is to be filed with a patent office, for the purpose of claiming a priority date. This application is inexpensive to prepare and file. It helps the investor to study the feasibility of the invention in the areas of potential markets, licensees & distributors. However, the complete application must be filed within the 12 months otherwise it will be considered as abandoned.
It contains the complete specification and claims. It can be directly filed if the invention is complete in every aspect.
In this applicant file an application, claiming a priority date based on a similar application filed in one or more convention countries. Within twelve months from the date of the first application filed in the convention country, an applicant should file an application to get the convention status.
It is an international agreement for the purpose of filing the patent application.
Patent Cooperation Treaty (PCT) does not provide the grant of an international patent. If one wants to file in multiple countries, it simplifies the process and delays the process and expenses of filing application.
An international application can come into national phase within 31 months from the international filing date. It is to be filed with the controller in the Indian patent office claiming the priority. Under PCT filing date of application shall be the international filing date.
After the complete specification is filed with the patent application, the application will be published after the expiry of 18 months from the date of filing.
Even an early publication request can be made with the fees prescribed if the person does not want to wait until the expiry of 18 months from the date of filing a patent application.
The Pre Grant opposition can be filed by the person who is the matter disclosed in the patent application. There are no fees prescribed for the application regarding Pre Grant Opposition.
From the date of patent publication within one-year post-grant opposition can be filed.
In Form 7 along with the prescribed fees, the post-grant opposition can be filed.
After resolving all the objections raised in the patent application, the application shall be placed in order to grant after fulfilment of all the requirement placed in the patent act. It will be notified in the patent journal.
The term of a patent is 20 years from the date of filing of the patent application.
The renewal fee is payable by the patentee every year to maintain the patent otherwise it will be ceased. Fees are prescribed in schedule 1. There are no renewal fees for the first two years.
Also, Read: How to File an Application Patent Registration India?.
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