PATENT FAQ
What is a Patent?
A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
How can I apply for a patent?
A patent application can be filed with Indian Patent Office either with provisional specification or with complete specification along with fee as prescribed in schedule I. In case the application is filed with provisional specification, then one has to file complete specification within 12 months from the date of filing of the provisional specification. There is no further extension of time to file complete specification after expiry of said period.
FAQ
How do I know if my idea can be patented?
What are the types of applications?
A provisional patent application (PPA) is a preliminary filing with the patent office to establish an early filing date for an invention. It's a less detailed application than a complete patent application, and it's a cost-effective way to protect an invention for 12 months.
No. Patent protection is a territorial right and therefore it is effective only within the territory of India. There is no concept of global/world patent.
An application for patent can be filed either in Hindi or English.
'Patent applied’ or ‘patent pending’ can be used with any article sold when the patent application has been filed but the application is not yet granted/rejected/withdrawn/abandoned. ‘Patented’ or ‘patent’ can be used with any article sold when a patent has been granted which covers the product. Unauthorized use of these words can lead to a fine extendable to one lakh rupees.
Yes, the government of india has formulated schemes to spur the innovators who are from MSME’s and Start Ups MSME’s are
- A 50 % fees concession is provided for MSME’S large entities on patent filing fees
A Scheme for facilitating Startups Intellectual Property Protection (SIPP) has been launched for encouraging innovation and creativity of Startups.
The priority date is the date on which you file your first patent application. This date is important because it establishes your claim to the invention and determines what prior art (existing inventions or public disclosures) will be considered against your application. If you file a subsequent patent application (e.g., in another country or a continuation), the priority date remains the same as the original filing.
Generally, an invention which has been either published or publicly displayed cannot be patented as such publication or public display leads to lack of novelty. However, under certain circumstances, the Patents Act provides a grace period of 12 months for filing of patent application from the date of its publication in a journal or its public display in an exhibition organised by the Government or disclosure before any learned society or published by applicant. The detailed conditions are provided under Chapter VI of the Act (Section 29-34).
The term of every patent granted is 20 years from the date of filing of application. However,for application filed under national phase under Patent Cooperation Treaty (PCT).
A patentee enjoys the exclusive rights to make and use the patented invention. Patentee also has the rights to assign the patent ,grants licenses or otherwise deal with the patent for any consideration .These rights created by statute are circumscribed by various condition and limitations as prescribed under the Patents Act 1970.
The grant of a patent can be challenged either via a patent office or in a court of law. A court may invalidate or revoke a patent upon a successfl challenge by a third party. In addition, many patent office’s provide administrative procedures that allow third parties to oppose to the grant of a patent.
Patent infringement occurs when someone uses, makes, sells, or imports a patented invention without permission from the patent holder.
