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A Patent is a government authority given to you to stop others from re-using, making, or selling the inventions without your permission for a fixed period by the government. In India, the patenting system is governed under The Patent Act, 1970 and The Patent Rules, 1972.


It is a form of Intellectual property which gives the owner the legal right to someone else from reusing, making or selling your invention. Once your Patent is registered under the law, the owners are allowed to take legal action or sue for damages in case of any patent discrePANcy.


Drafting of patent application

Once the search is complete and thoroughly done, the next most important step involved is to prepare an application form.


Each application has to be accomPANied by an application about the specification of a patent. This has to be prepared where one has to provide the complete or provisional specification depending upon the state of the invention (Whether it’s partially completed or completed).


 In case one document of provisional utility,  a deadline of one year is supplied to finalize the discovery and file the complete application. A patent draft can also be required to be submitted together with the utility/application.


A patent draft will also be required to be submitted along with the application. The draft of the patent is considered a very important document, it will be used by the patent office in deciding whether or not the patent should be granted or not.


Publication of patent application

The patent application filed under the Indian patent office will be published in the official patent journal. This step is taken only after 18 months of filing the application. In case someone wants to get it published earlier, he/she can make a request for early publication. If a restriction is maintained by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal.


Examining of patent application


Every application filed for protection will be examined before a patent is finally granted to any party. The application has to be examined with protection. In advance, one makes a request, the earlier the application might be tested by means of the officer who will take a look at it. Once the patent application is filed, it takes time to be transferred to the patent officer who will move and take a look at the filed application to make sure that the same is in accordance with the patent act and guidelines. A thorough search is conducted by the office where he/she analyses the relevant technology in-depth and raises the objections, if any, it will be communicated. The report issued in this case is called the First Examination Report(FER).


Grant of patent

The patent is granted once all the objections raised by the officer are resolved


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FAQ - Frequently asked questions

What is a Patent?

A Patent is a statutory right for an invention granted for a constrained time period to the patentee via the Government, in change of complete disclosure of his invention for with the exception of others, from making

What is a Patent?

A Patent is a statutory right for an invention granted for a constrained time period to the patentee via the Government, in change of complete disclosure of his invention for with the exception of others, from making, using, selling, uploading the patented product or process for generating that product for the ones functions with out his consent.

What is the time period of a patent inside the Indian gadget?

The term of each patent granted is 20 years from the date of submitting of application. However, for application filed under national section beneath Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the global submitting date accorded under PCT.

Which Act governs the patent device in India?

The patent system in India is governed by the Patents Act, 1970 (No.39 of 1970) as amended with the aid of the Patents (Amendment) Act, 2005 and the Patents Rules, 2003. The Patent Rules are frequently amended in consonance with the converting environment, most latest being in 2016.

. What are the criteria of patentability?

An invention is patentable subject count if it meets the following criteria – i) It should be novel. Ii) It have to have ingenious step or it must be non-obvious iii) It need to be capable of Industrial application. Iv) It have to not attract the provisions of phase three and four of the Patents Act 1970.

What varieties of inventions aren't patentable in India?

An invention can also satisfy the situation of novelty, inventiveness and value however it can no longer qualify for a patent beneath the following situations: 1) an invention that's frivolous or which claims some thing glaringly opposite to nicely established herbal legal guidelines; 2) an invention the number one or intended use or industrial exploitation of which might be opposite to public order or morality or which reasons serious prejudice to human , animal or vegetation or health or to the environment; three) the mere discovery of medical precept or the method of an summary theory or discovery of any living aspect or non-residing substance happening in nature; four) the mere discovery of a new form of a acknowledged substance which does now not result in enhancement of the acknowledged efficacy of that substance or the mere discovery of any new property or new use for a regarded substance or of the mere use of a regarded method, system or apparatus except such acknowledged technique outcomes in a brand new product or employs at least one new reactant; Explanation: For the functions of this clause, salts, esters, ethers, polymorphs, metabolites, pure shape, particle size, isomers, mixtures of isomers, complexes, combos and different derivatives of regarded substance shall be considered to be the identical substance, except they range substantially in properties close to efficacy; five) a substance acquired by using mere admixture resulting best in the aggregation of the residences of the additives thereof or a process for producing such substance;