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FAQs on Patent Registration

If you are confused in the concept of Patent Filing and regarding the proper details then this article will be very helpful for you to provide you a clarity over the same. The FAQs on Patent Registration as follows:

Contents

What is Patent?

The term patent refers to the statutory right for an invention granted for a limited time to the patentee by the government in exchange for complete disclosure of his invention. It excludes others from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.

What can be patented?

Any invention related to a product or process which is new and involved an inventive step that is capable of being applicable in the industrial sector can be patented. However, it must not countable into the category of inventions which are non-patentable under section 3 and 4 of the Act.

Does Indian Patent give protection globally?

Patent protection is considered as the territorial right. Hence, it is effective within the territory of India. In addition, filing an application in India enables the person who is applying for the patent to file a corresponding application for the same invention in convention countries. It is whether within or before the expiry of twelve months from the filing date in India. Separate patents shall be obtained in each country so that applicants require protection of his invention in those countries also. There is no such patent that is valid globally.

Who can apply for a patent?

The true and first inventor or his assignee can file a patent application either alone or jointly with any other person. The legal representative of any deceased person can also make an application for patent.

How can I apply for a patent?

With the Indian Patent Office, you can file a patent application with complete specification or with provisional specification along with the fee as prescribed in schedule I. When the application is filed with the provisional specification then one has to file complete specification within 12 months from the date of filing of the application. There will be no extension of time provided to file complete specification after the expiry of the said period.

Is there provision for filing the patent application electronically by an online system?

The online system has been started from 20th July 2007 for filing Patent application. More information for filing online application you can take our experts advice regarding Patent registration and Patent Search. The facility Trademark registration facility is also available here.

Read more: Benefits of Patent Search

Is there provision for extension beyond the time limit of 12 months?

There is no such provision for the extension of time more than the period of 12 months.

What happens when an applicant is not able to meet the requirement within the prescribed time?

If in case the applicant is unable to meet the requirements within 12 months or not able to submit the documents which were sent to him for compliance then the application is deemed to have been abandoned.

When is an application for patent published?

All application for patent is published after 18 months from the date of its filing or priority date whichever is earlier. Hence, in certain cases, the application will not be going to publish such as:

Secrecy direction imposed application.
Abandoned u/s 9(1) application
The application was withdrawn 3 months prior to 18 months

Is it possible to file an international application under the Patent Cooperation Treaty (PCT) in India?

Yes, it is possible to file an international application (PCT Application in India) in the Patent offices located at Kolkata, Chennai, Mumbai, and Delhi. Receiving office (RO) is for international applications.

For additional information regarding Patent registration, Trademark registration, Copyright registration you can visit our website: Legal Raasta

Give us a call at 8750008585 and you can send us your query on Email: contact@legalraasta.com

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Sakshi Sachdeva

An experienced professional, Sakshi Sachdeva has been instrumental in propelling Legal Raasta's content creation efforts. Her career path has been varied, with notable stops in the textile, telecom, transportation, and communication sectors. She holds an MCA and an MSc in software degree.