According to the Patent Act, an invention must be a new product or process having an inventive step and capable of being made or used in industry to be patentable. An invention is capable of being registered for a patent, in India. Patent is not granted for all the invention but the invention should meet certain conditions which make it eligible to be patented in India. Patent Filing Patent filing or patent registration is the first step towards an invention you make, to keep away theft and misuse of your patented product. Patenting in India is a complex task but with the proper legal advice, you can file it easily.
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Listed below are the documents that are required for registering a Patent
Patent filing is important to possess exclusive rights over the invention. If one doesn’t protect it, anybody can exploit it commercially once available to the public. To restrict others from utilizing, selling, or making copies, the inventor must file for a patent.
An invention needs to have these three main qualities to be patentable: Novelty – invention should be new. Inventiveness (Non-obviousness) – should have an inventive step that makes the invention unique. Industrial utility/Usefulness – it should not be a mere prototype but it should be working and has to have some use.
Filing for a provisional patent is an optional step, if you already have complete information about your invention, then you can directly go for complete filing, there is no requirement to file the provisional application for patent.
A patent filed in India is valid only in India. To register a patent in other countries, separate patents should be filed in the respective countries. No patent is global. However, filing an application in India enables the applicant to file a corresponding application for the same invention in convention countries or under PCT, within or before the expiry of twelve months from the filing date in India. Patents should be obtained in each country where the applicant requires protection of his invention.
The patent can expire under following conditions: If it has lived its full term ie. 20 years. The patentee failed to pay the annual renewal fee. The validity of the patent has been successfully challenged by an opponent by filing an opposition. The patent is revoked.
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