Patent Registration in India

If you have an invention and you are the inventor get acquainted with patent laws as soon as possible. A patent registration basically gets you an intellectual property right called patent to an invention carried out by you. The patent is governed by the Patent Act 1970 & Patent Rules 1972. The person applying for a patent can be an individual or firm. The patent is a bundle of rights pertaining to your invention but to the condition that your invention is unique. To get patent the inventor or owner must produce all the evidence to support the fact that the invention is yours. The proofs are required to be submitted as stipulated by the government. Patent registration is granted when it is novel, involves an inventive step and shows industrial application.

A patent gives an exclusive right for an invention provided by the law for a limited time to the Patentee. Thereafter the patentee is able to control the making, using, selling or importing of the patented product. The patent is not just limited to the product it also extends to control and protection of process for producing that product and without the consent of the owner, it is not allowed to deal into the product or process in whatsoever way. Patent registrations have a validity of 20 years and it starts from the date of filing of the patent application.

To get a Patent registration, the applications are required to be made to The Patent Office, Controller General of Patents, Designs & Trade Marks. At the time of Patent applications, it can be filed electronically with the provisional or complete specification, before the appropriate Patent Office.

The registered patent owners in case of infringement of their rights can take action or sue for damages otherwise the Patent protection is not enforceable for inventions that are not registered.

A complete patent, satisfying the patent ability rules will be granted the patent and is notified in the patent journal which is published from time to time.

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