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Patent Registration

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PATENT REGISTRATION

The India Patent Office (IPO) grants Patent Registration in India for Inventions. Once the Patent is registered, the Applicant gets monopoly over his/her Invention for a prescribed period of time (Normally twenty years from the Priority date/Patent filing date). Patent filing is the primary step an inventor initiates to protect his or her invention from being misused. A patent is a right granted to an individual or enterprise by the government that disallows others from making, using, selling, or importing the patented product or process without approval or consent. Patent filing in India is a tedious process, but it can be done quickly with proper guidance and support. An individual who wishes to secure a patent should get a consultation from expert patent practitioners.

Before a patent registration is obtained, a rigorous check is done on whether the product is innovative or novel and industrially applicable. An individual can search the intellectual property regulator of India's database to check if there is an object or invention that is the same or similar to the applicant's invention.

However, patent registrations are not applicable for all inventions, and the invention should satisfy specific criteria to obtain a patent in India

WHO CAN FILE A PATENT APPLICATION?

  • A patent registration can be made by any of the following people either alone or jointly with other person:
  • The true and first inventor
  • Documentation and Implementation
  • True and first inventor’s assignee
  • The representative of the deceased true and first inventor his / her assignee
  • According to the Patent Act, a "person " is any natural person, company, or association or body of individuals or government body, whether incorporated or not.
  • In the case of a proprietorship firm, the application should be made in the proprietors' name.
  • In partnership firms, the names of all personally responsible partners must be included in the patent application.