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Patents

A patent for an invention is the grant of a property right to the inventor issued by the Patent Office. More often patents are applied by others, i.e., employer to whom the inventors assign their rights. Patent holders have the right to exclude others from making, using, or selling the invention described in the patent deed. The intent of patents is to give the developer of a new invention time to recover development expenditures and startup costs without having to fight competition.


Patents cannot be obtained for inventions that have been publicly disclosed, are in use, or are marketed within the country for one year prior to the filing of the patent application. A thorough patent search, preferably done by a professional, is often necessary to make certain that the applicant's idea hasn't already been patented. The key factors determining the grant of a patent are novelty, non-obviousness and usefulness.


Provisional application


Provisional application is a quick-fix to inventor's long term property claims from his invention; it can be filed rather inexpensively without formal patent claims. Once the application with provisional specifications is filed, the applicant has one year to investigate the feasibility, marketability, patentability, and potential license interest of the invention before deciding to file a formal patent application. The term of a patent is valid for a time period of 20 years in India.


Applying for patent in India


An application for a Patent is to be made in the format prescribed by the Patents Act and the Patent Rules. It must to be accompanied by a specification clearly describing the invention claimed.


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PCT & National Phase Applications!