Patent Right
A patent is rights providing the inventor and/or the applicant with the right to prevent others from exploiting the invention mentioned in the patent.
A patent is rights providing the inventor and/or the applicant with the right to prevent others from exploiting the invention mentioned in the patent. The monopoly is granted for maximum 20 years by the state in return for a full disclosure of the invention.
Without a patent the inventor or the applicant would not be able to prevent others from copying the invention. Ignorance that you are infringing someone else patents is no defense.
For society, the value of the patent bargain is that it encourages the investment and the application of the skills necessary to generate and disseminate new technologies, processes and products.
Patents are concerned with the functional and technical aspects of products, processes, and uses. To qualify for patent protection.
A Patent is an exclusive right granted to a person who has invented a new and useful article or an improvement of an existing article or a new process of making an article. The exclusive right is to manufacture the new process of making an article invented or manufacture an article according to invented process for a limited period.
During the term of the patent the owner of the patent, i.e. the patentee can prevent any other person from using the patented invention. After the expiry of the duration of the patent anybody can make use of the invention. The invention then becomes part of the public domain
A patent for an invention is the grant of a property right to the inventor, issued by the Patent Office of concerned Government in his territory. The term of a new patent is 20 years from the date on which the application for the patent was filed in India. The Patents are generally concerned with functional and technical aspects of products and processes and must fulfill specific conditions to be granted. Patent rights are territorial. Merely to have a patent does not give the owner the rights to use or exploit patented invention. The patent, in the eyes of the law, is a property right and it can be given away, inherited, sold, licensed and can even be abandoned as it is conferred by the government, the government in certain cases even after grant or even if it has been, in the meantime, sold or licensed can be invoked.
Generally following are the types of Patent Applications:
Ordinary Application – A simple application for patent with no priority claims.
Conventional Application – This is a type of Application filed by the applicant corresponding to the application filed within twelve months from the date of filing the in the conventional country.
National Phase Application under PCT – After filing the PCT Application, national phase applications can be filed within 31 months in the designated countries.
Our Service in Patent Area includes:-
1. Prior Art Search.
2. Patent Application Filing.
3. Patent Related Documentation Services.
4. Patent Renewals.
5. Patent Oppositions and Rectifications
6. Patent Litigation.
Information
- Full names and addresses of Applicant as well as Inventor.
- Details of Convention Priority, if any- first filed country, filing number and date; the term of priority is one (1) year.
Documents
- Power of Attorney (neither notarization nor consular legalization required) to be executed by an individual or a representative of a corporation.
- Certified copy of the application which is the basis of the Convention priority (if applicable) – may be filed within 6 months from the first filing date.
- Specifications of Invention including claims and abstract Drawings-prepared in triplicate; size-A4