Patent Registration in India by Siddhartha kundoo.docx -...

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Contents What are difference between a Full Patent and Provisional Patent ? .................................................... 2 Patent Registration in India – A Brief ..................................................................................................... 3 Conducting a patent search ................................................................................................................... 5 Process of Full and Provisional Patent Registration in India ................................................................... 6 STEP1: Patent Searches ........................................................................................................... 6 STEP2: Patent Drafting .............................................................................................................. 6 STEP3: Patent Application Filing .............................................................................................. 6 ADVANTAGES & BENEFITS FOR ONLINE PATENT REGISTRATION IN INDIA ............................................. 7 BENEFITS OF FILING A PROVISIONAL PATENT APPLICATION .................................................................. 8 Benefits of Full Patent Registration in India ........................................................................................... 8 DOCUMENTS REQUIRED FOR PATENT e FILING IN INDIA ....................................................................... 9 Various Advantage of getting a Patent Registrations Certificate in India ............................................. 10 FAQ ...................................................................................................................................................... 12
Patent Registration in India A patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, and importing an invention for a limited period of years, in exchange for publishing an enabling public disclosure of the invention. In most countries patent rights fall under civil law and the patent holder needs to sue someone infringing the patent in order to enforce his or her rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a granted patent application must include one or more claims that define the invention. A patent may include many claims, each of which defines a specific property right. These claims must meet relevant patentability requirements, such as novelty, usefulness, and non-obviousness. Under the World Trade Organization's (WTO) TRIPS Agreement, patents should be available in WTO member states for any invention, in all fields of technology, provided they are new, involve an inventive step, and are capable of industrial application. Nevertheless, there are variations on what is patentable subject matter from country to country, also among WTO member states. TRIPS also provides that the term of protection available should be a minimum of twenty years. What are difference between a Full Patent and Provisional Patent ? Permanent Patent Application A Provisional patent application is an application one makes when the invention is still pending completion but has been largely crystallized. In such an application, the applicant discloses the invention in a manner which is provisional in nature, meaning thereby that the invention as disclosed in the Complete Specification to be filed within 12 months of the Provisional may vary in content (but not substantially). Provisional patent A provisional patent application is filed to ensure a priority date (the date on which the inventor will be deemed to have invented the technology for the purpose of the Patent Law).

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