PATENTS IN INDIA
A patent is an exclusive statutory right granted by the state for an invention that is new, involves an inventive step and is capable of industrial application. A Patent owner is given an exclusive right to prevent others from making, using, selling, offering for sale or importing a process or product(s) in respect of which the patent has been granted.
A patent in India is granted for a period of twenty years.
In India patent filing and prosecution is governed by:
- The Patent Act, 1970
- The Patent Rules, 2003
The Indian Patent legislation conforms to the WTO’s Trade Related Aspects of Intellectual Property Rights (TRIPS).
The Indian Patent Office also provides the service of Comprehensive e-filing of Patents, which enables online filing of new application for Patents alongwith the facility to file all the prescribed FORMS under the Patent Act, 1970. The said services facilitated by the Indian Patent Office ensures transparency and is also user- friendly.
A patent in India can be filed by an applicant or by Patent Lawyers, Patent Agents, Patent Attorneys in India individually or working in Patent Law Firms in India.