Patents are the exclusive monopoly rights granted to the applicant to protect its ownership and therefore value, in their best interest. It’s an efficient tool that ensures legal protection to the inventor/applicant, from any theft, imitations and/or duplications, claiming to be ‘originals’, etc.
The objective of Patent system is to encourage the inventors to invent new technologies and improve over the existing technologies. This will then lead to protection of one’s intellectual assets and benefit from the same by securing exclusive rights by the grant of Patent.
To secure a Patent over a new technology, said technology should meet the patentatbility criteria of:
An invention is said to be “ New” if the invention is not publicly disclosed by any means before the date of filing of the patent application.
To meet the criteria of “ Inventive step” , the invention must not be obvious to a person skilled in the art.
The invention should be industrial applicability.
To ascertain the above mentioned criteria, Patent search should be conducted prior to filing of a patent application.
The Patents Act excludes certain inventions from being patentatble, for instance discoveries per se are not patentable.
A patent application can be lodged by the inventor, assignee or legal representative. A foreign national can also lodge a patent application at the Indian Patent Office for the grant of Patent in India.
The term of Patent in India is of 20 years from the date of filing
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