Patent
A Patent for an invention is the grant of a property right to inventor issued by the Indian Government. Patents protect products or processes, which include new technical or functional aspects. The vast market and the surging technological prowess have made India critical country for patent protection. The team of patent agents and attorneys supported by technically qualified professionals is there to help the businesses to retain the monopoly.
Patent is a legal monopoly, which is granted for a limited time by a country to the owner of an invention. Merely to have a patent does not give the owner the rights to use or exploit the patented invention. That right may still be affected by other laws such as health and safety regulation or the food and drugs regulation or even by other patents.
A Patent gives an inventor the right for a limited period to stop others from making, using, selling or importing an invention without the permission of the inventor. That is why patent is called a “negative right”
Specific services provided by Innovative Consultants in the patent area include:
• Conducting a worldwide search with the help of patent search engines and tools
• Advising on the patentability of inventions
• Drafting patent specifications
• Suggestions / opinion as to the patentability of your invention
Procedure for Patent registration:
• Preparation of Application for Patent Registration and submission of Patent
• Attending to the proceedings and obtaining Provisional Papers after necessary follow up.
• Publication in official journal
• Opposition, if any
• Examination
• Acceptance
• Registration Certificate
Patent Requirements
• The full name, address and nationality of each applicant.
• The full name, address and nationality of each inventor.
• At least one copy of the complete specification in the English language, with drawings, if any.
• The filing date and application number of each corresponding foreign application from which priority has to be claimed, if any.
• A power of attorney signed by each applicant or an authorised person of each applicant.
Frequently Asked Questions About Patent
• What is the definition of a patentable invention under the Indian Patent Law?
All inventions that have the commercial application can be covered by Patent – “invention means a new product or process involving an inventive step and capable of industrial application”
• What are the requirements for patentability of an invention?
1. Novelty
2. Inventive Step
Further, “Inventive step means a feature that makes the invention not obvious to a person skilled in the art”. (Section 2 (1) (j)) is to be replaced by “Inventive step means a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art.” (Section 2 (1) (ja))
3. Industrial Applicability
• If two or more persons work together to make an invention, to whom will the patent be granted?
If each had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, they are joint inventors and a patent will be
issued to them jointly on the basis of a proper patent application.
• What is the term of patent in India?
The term of every patent granted under the patent act is 20 years from the date of filing of the application for patent.
