Legislation
The Indian Patents Act in the Patents Act, 1970 established. The law should provide legal protection of inventions. The rights under the Act is issued shall be effective throughout India.
What is a patent
A patent is a monopoly of government, issued an inventor for his invention for a limited period. It provides an enforceable legal right to prevent others from exploiting the invention. Invention, as defined by lawto understand a new product or process in an inventive step and industrial application.
Rights conferred by registration
Patents is one of the most powerful intellectual property right. The registration of a patent gives the patent holder the exclusive right to use, production or sale of his invention for the duration of the patent. This means that the invention is not commercially made, used to be distributed or sold without the consent of the patentee. The patent rightscan be performed normally in a court.
Who can apply for a patent
An inventor or any other person / company of the inventor can be assigned to seek and obtain a patent for the invention. A patent is the inventor or his successor will receive the submission of the application with the appropriate office of the Patent Office in fixed forms and fees required by law.
Patent Search
We recommend that you try to conduct as soon as possible to avoid too much time and moneyreinvent a known cause. A patent is not an invention is granted if not already with the public, either in the form of published literature or common knowledge.
Inventions patentable
To be patentable, an invention must meet certain criteria in general. The invention must be of industrial applicability must be new and involve an inventive step, not by a person qualified in the field could be derived to show. Above all, must accept their subjectas "patentable" under law. How, for example, inventions which are frivolous or something of appeal against the established laws of nature are not patentable. There are also other specific groups of inventions which are declared as not patentable.
Patents
The patenting process typically involves conducting prior art searches to distinguish the invention and to develop a description that shows the best working method of the invention. The description ofInvention is as a specification. Depending on the adequacy of a specific descrption may be either provisional and complete specifications.
Provisional and Complete Specification
A provisional specification is often the first application submitted in relation to an invention, and usually contains only a brief description of the invention. He did not need directions. Compared to the prior contains the complete specifications of the complete description of his invention, andThe best way to work to produce the invention. The full specification consists of a title, the scope of his invention, the background of the invention, the description of the technique, the disadvantages of the technique, the synthesis of the invention, a brief description of the characters, the detailed description of preferred embodiments, claims and abstract. Full specifications must be submitted within 12 months from the date of filing of provisional specification.
Statements areimportant component of the patent because it has determined the content of the law and define who sought legal protection. The scope of patent protection for an invention is determined by the content of the claims. The description and the accompanying drawings which are used to interpret the claims.
Filing and prosecuting patent applications
The procedure for obtaining a patent begins with the submission of the application for patent with the tuition fees to presribed* Competent Authority of the Patent Office by submitting a request for examination in the prescribed format below (within-day period of 36 months) after the publication of the application. Currently, the patent application is not open to open to the public for 18 months from the date of filing or priority date, if the applicant can ask for the original publication. Applications will be considered on its merits and issued an initial investigation of the complaints reported toApplicant. The application can be modified to meet objections. Normally all the objections must be achieved within 12 months from the date of first examination report. If the applicant fails to keep pace with the objection, the application will be abandoned. In fulfilling the requirements of the application is published in the Official Journal. Right now, the opposition may be based on limited grounds, but no hearing is required. Patents will be granted if the application is found to be in order.Then the application and related documents will be open to the public. Subsequently, at any time after release, but before the expiry of a period of one year from the date of publication opposition on substantive grounds is available. The entire process typically takes at least two years.
Duration of a patent
The term for patents is 20 years from the date of application for the patent. E 'responsibility of the owner of the patent, a patent granted is confirmedthe payment of the pension until the patent. After 20 years in office the invention claimed in the patent falls into the public domain.
Restoration
Restoration of a patent which has lapsed for nonpayment of renewal fees can be made after the end within a year. However, certain restrictions on the rights of the patent owner, if the patent is restored.
Infringement proceedings
And 'the sole responsibility of the patent owner to see that his patent is notinjured. And 'the patentee has a duty, a suit of infringement against the file violation. The reliefs, which can adapt to such a rule be assigned --
i. Injunctons whether interim or final reports.
ii. Damage or because of the profits.
International Patent Protection
There is no international or worldwide patent. An inventor has an application in each country, where he tries to protect his invention to the file. However, there are facilitating regional and / or international treatiessearching for the procedure to protect such Patent Cooperation Treaty (PCT) or the European Patent Convention (EPC).
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