PATENT

Patent

A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent. The term of every patent granted is 20 years from the date of filing of application. An invention is patentable:
  • It should be novel
  • It should have inventive step or it must be non-obvious
  • It should be capable of Industrial application
  • It should not attract the provisions of section 3 and 4 of the Patents Act 1970

Types of Patent Application

PROVISIONAL APPLICATION

Indian Patent Law follows first to file system. A provisional application is an application which can be Filed if the invention is still under experimentation stage. Filing a provisional specification provides. The advantage to the inventor since it helps in establishing a ―priority date of the invention. Further, the inventor gets 12 months’ time to fully develop the invention and ascertain its market Potential and to file the complete specification.

ORDINARY APPLICATION

An application for patent filed in the Patent Office without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office. Such type of application is known an ordinary application.

CONVENTION APPLICATION

An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries is known as a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.

PCT INTERNATIONAL APPLICATION

An Application filed in India as Receiving Office (RO) under Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application.

PCT NATIONAL PHASE APPLICATION

When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier.

PATENT OF ADDITION

When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition if the modification in the invention is new.

DIVISIONAL APPLICATION

When an application claims more than one invention, the applicant on his own or to meet the official objection on the ground of plurality or distinct invention may divide the application and file two or more applications, as the case may be for each of the inventions. This type of application, divided out of the parent one, is known a Divisional Application.

Patent Act , 1970 PDF

Geographical Indications

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. It must identify a product as originating in a given place. In addition to that, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Geographical indication right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards. Geographical indications are typically used for agricultural products, foodstuffs, handicrafts, and industrial products. The registration of a Geographical Indication is for a period of ten years. Further it can be renewed for the periods of 10 years each.

Advantages of Registering GI

Better legal protection to facilitate an action for infringement

The Registered Proprietor And Authorized Users Can Initiate Infringement Actions

The authorized users can exercise right to use the Geographical indication.

The Geographical Indications of Goods (Registration And Protection) Act, 1999 - PDF

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