Solubilis provide Intellectual property of Patent registration in Chennai, Bangalore, Hyderabad, Cochin and anywhere in India.Patent registration is an exclusive right to protect the new invention of a patentee. According to the Patent law, an invention can patented under three common requirements. They are:
The invention should be new and it is not previously patented one. An invention relating either to a product or process that is new obviously involving with inventive step and capable of industrial application can be patented. it needs to beneficial for the public usage or a solution to a common issue. Patent registration helps the inventor to use, make and sell or import the process or product related to his invention. A registered patent not used by other people without the patentee’s proper consent. As per Patent Act, a patent application can be registered along with the complete specification of a new invention. A registered patent is valid for 20 years from the date of patent application filing.
Any invention which is useful to the society can be a subject matter of patent. Further the invention should be novel, non-obvious and industrially applicable. Of course, needless to say, even if there are elements of invention, in any concept but which is contrary to nature, law and has negative societal impact cannot be considered for Patenting. Also, the invention proposed for patent should not have been published elsewhere in the World and should be unique.
As stated earlier, an invention should be Novel, Non obvious and should be industrially applicable as per the tenets of Indian Patents Act, Section 3. Apart from the basic criterion for patent, there are several yardsticks that determine the Patenting elements, related to inventorship and genuineness of the invention seeking a patent.
As per the International norms, to which India has to adhere (since India is a member of PCT (Patent Co-operation Treaty (PCT) of World Intellectual Property Organization) the term of a patent is twenty (20) years from the date of Filing. Of course, the rights of a patent would be conferred on the Patentee would come to force only upon grant of the patent, post application for patent and its prosecution and successful grant. It must be remembered that after the Grant of Patent, the Patentee has to keep his / her Patent Rights, valid by payment of appropriate annuity fees, to keep the Patent rights intact.
No. A Patent Granted in India is valid within the boundaries of India. Patent is a territorial right, as any Act of India, which is enforceable only within India, Patent Act is also valid within India. However there is a provision by which an Invention which has Patent Protection in India, or a Patent Application filed within India, can be taken abroad, and sought Patent protection by means of a Single Window application filed in India, through PCT ( Patent Co Operation Treaty)
Patent applications are of different type’s viz., Simple application for Patent, Application under Convention system, and Patent application under PCT (Patent Co Operation Treaty). Also, there are Divisional Patent Applications and Patent of Addition.
India along with other countries of the World, being members of PCT (Patent Co Operation Treaty) has framed the International Patent Applications. Thus, filing of Patent Applications from say a country like India, in various other countries have been made a simple exercise and the Priority date of filing in India, is kept intact.
Any patent application filed in India, in Indian Patent Office, is kept secret till its publication (18 months upon filing) or in case if the patent applicant seeks early publication of his / her patent application. Also, there are certain secrecy provisions in Indian Patents act to keep information on certain patent applications secret. (Especially inventions related to Defence and related technology etc)
Yes, within the life / term of the Patent, the Patentee can renew the patent rights by payment of annuity fees, applicable year after year.
PAny person wilfully or otherwise, blatantly plagiarizing or copying the knowhow / technology of an invention for which Patent has been granted or is being sought would constitute an act of Infringement. Patent Infringement can lead to legal implications and the Patent Rights holder has rights enshrined in Patents Act to safeguard his / her rights by initiating penalizing acts against the infringer.
Any individual, group of individuals, Corporates, Small / Micro / Medium sector Industries and Start Ups can be applicants for Patents in India
A patent application can be made by filing appropriate forms and details of invention and it can be done ONLINE or by filing it physically in Patent Offices located in New Delhi, Mumbai, Kolkata and Chennai and appropriate fee amounts can be paid
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