Patents are property rights granted by sovereign authorities to individuals or businesses for inventions, innovations, products, processes, and designs. The government manages patent applications and related paperwork in order to grant patents to eligible individuals. By obtaining a patent, you not only protect your own rights but you also prevent others from taking advantage of your hard work by selling, making, copying, or using your invention without your permission. You should file for a patent and protect your idea with a patent to prevent others from stealing, using, or exploiting your innovation. Once a patent has been granted, it takes a long time in India. There is a specific period of time during which the patent is provided and it can be renewed/restored.
Indian Patent Grants
Patent applications must be submitted to the Indian Patent Office for examination after they have been granted. Once the first examination report has been issued, the applicant must comply with the requirements within twelve months. The application is not entertained if the requirements are not met. Patents are granted to applicants if the objections are removed and the requirements are met, and the application is published in the patent office journal.
In India, the term of a patent is 20 years
Indian patents are granted for 20 years after they are applied for. The specification of the invention does not matter whether it is complete or provisional. A patent term of 20 years is calculated from the priority date if the application is filed under the Patent Cooperative Treaty.
Patents grant rights
Patents allow the patentee to prevent others from illegally making, using, selling, or importing the product without the prior consent of the patentee. People can be prevented from using a certain process or selling, using, or importing products obtained by using that process if the patent covers that process.
Foreigners filing for patents in India
A foreign entity can also apply for a patent in India as India is a signatory to the Paris Convention for the Protection of Industrial Property, 1883 and the Patent Cooperation Treaty, 1970. The convention stipulates that an application for a patent may be filed in India if one has been granted a patent in the country of the convention. After filing in the convention country, the application should be filed in India within twelve months.
The opposition to the patent
Patent oppositions in India can be filed in two ways. They are:
· Opposition prior to grant
· Post-grant opposition
Fees for renewal
Renewal of a patent is required every year. It is possible to pay the renewal fee annually or once for the entire period of time.
Patent restoration
It is possible to restore a patent after its term has expired within 18 months. Applicants must submit an application with the prescribed fee/payment to the authorities. An official journal notification is published for the request to be processed.
Licensing requirements
A patentee may apply for compulsory licensing of a patent under the Indian Patents Act, 1970. After the patent has been granted, this can be done three years later. In order to file a patent application, you must contact the patent controller.
Conclusion
This article should have provided a clear picture of how patents can protect ideas. Patents are granted by the government to protect inventors' interests. Patents protect inventions, innovations, products, designs, and processes from misuse, exploitation, or falsification. Patented products cannot be sold, made, copied, or used without the consent of the patent holder.
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