Patent registration in India

Patent is an exclusive rights given to the patentee for disclosure of his invention. The exclusive rights were right to exploit the invention commercially and free from any disturbance, he also has the right to sue for any infringement. Without patent an invention can’t be protected under the law, it is important to patent an invention and there is a certain process in order to get patented.

In India every process starts with an application, similarly Patent registration starts by filing an application either in patent office or through online portals. And the important document which required with an application is either complete or provisional specification about the invention how it works and its mechanism. The complete specification is about having all necessary details about the invention. The provisional specification contains certain contents about the invention and a proof that the inventor is working on an invention needs time to complete the invention, so as to fix the prior date such specification were submitted. The time will be 12 months from the date of provisional application need to submit the complete specification or else the application deemed to be abandoned. But a patent can be achieved even without provisional specification however complete specification is must for a patent to be granted.

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Once the complete specification is submitted and after the expiry of eighteen months the controller of patents will publish it. Post this period the inventor can make a request for examination, because the examination is not an automatic process need to make a request. Once the examination is done the report will be provided. Within 12 months from the date of publication and the report, if any objections are raised have to be nullified and if required modification or alteration need to be made as per the report. Once such requirements and issues on objections were cleared, the patent will be granted and certificate will be issued. The controller of patents have every right to deny the patent if any issues is not solved or any change is not fixed or not replied where answers are required within the specified date. Once patent denied the order can be challenged in appellate board. And in India we have right to oppose an patent even after the grant but the limitation is it has to be done within twelve months, if the patent is opposed post grant then the controller will have hearing having both the sides and will order either to maintain the patent or amend the patent or reject the patent. The aggrieved party can go for appeal against such order also.

The major benefits of patenting an invention is first it gives various right to the patentee and also for a company it gives a monopoly right over such invention and can get competitive advantage over the competitors in the market. Individuals or companies have every right to exploit such invention monetarily and commercially, and have right to sell/lease such invention. In case of any infringement to the invention one has the right to sue and get compensation for such damages, overall patenting an invention gives exclusive rights and monopoly over the invention. And the term of protection is for 20 years.


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