Patent Registration
The word Patent is derived from a Latin term “Patere” which means “to lay open” that is to make available for Public Inspection. Patent is an exclusive and monopoly right over an Invention for specified number of years.
Not all Inventions are patentable under The Patent Act, 1970. An Invention must satisfy the following essentials in order to get Patent
- Novel – must not have been in existence before
- Non- Obvious – significant improvement in the technology
- Useful and must be made for Bona-fide Purpose
It is very important to register the Invention in order to get the absolute right of making, using, selling or importing such invention and also to prohibit others from using such invention without authorization.
Indian Laws governing Patent Registration
- The Patent Act, 1970
- The Patent Rules, 1972
* The Patent is protected for 20 years and then it comes under the public domain.
International Law governing Patent Registration
- Patent Cooperation Treaty
Documents Required for Patent Registration
- Title of the Invention
- PAN or Aadhar Card of the Applicant
- Description of Invention
- Power of Attorney
Patent Registration Process
- Check whether the Invention is Patentable
- Draft the Patent Application
- Filing of Patent Application
- Publication of Patent Application
- Examination of Patent Application
- Grant of Patent
Frequently asked questions (FAQs)
Patent is an Intellectual Property Right granted to protect an Invention by excluding others to use the same without any authority. Click here to read more.
As per Section 2(1)(p), A person in whose name patent is granted is known as the Patentee i.e. the proprietor of the patent.
- Exclusive make, sell and use of Invention.
- Commercial exploiting
- Balance the interest
- Technical progress
- Avoid duplication
- Scientific Inventions
- Promotes Research and Development.
- New Invention
- Product or Process or both
- Inventive Steps
- Capable of Industrial Application
- File an Application in Form 1
- Application must be Published
- Making Pre-grant Opposition
- Examination of an application
- Publish the Grant of Patent
- Post Grant opposition
- Name of the Invention
- PAN Card or Aadhar Card
- Description of Invention
- Power of Attorney
No, the Patent is not an absolute right but its use is subjected to the conditions. Click here to know certain conditions where Patent is an Absolute Right.
Following are the rights on Invention –
- To Make or manufacture
- Sell
- Use
- Offer for sale
- Import
- Distribute
- License
- Prevent 3rd party from exploiting any of the above-mentioned right without authorization