Patent & Copyright
A Patent can be defined as a grant of exclusive rights to an inventor over his invention for a limited period of time. The exclusive rights awarded include the right to make, use, exercise, sell or distribute the invention in India. The term of a patent is twenty years, after the expiry of which, the invention would fall into the public domain.
- Ordinary Patent
- Patents of addition
Who has the Right to Apply
Application may be made by the inventor, assignee or legal representative of deceased inventor or assignee.
Inventions that can be Patented
An invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; or substance produced by manufacture, and includes any new and useful improvement of any of them, and an alleged invention.
- Filing an Application: An Application need to be filed in triplicate along with requisite documents and prescribed fee with the concerned authority.
- Examination & Publication: Application thus received is examined by the concerned authority and a examination report is prepared stating the objection(s) and the same are communicated to the applicant or his agents. After seeking clarifications on the objections, thus raised and disposal of the same, it is published in the Gazette of India and laid open to the publi
- Opposition: Notice of opposition must be filed within four months of notification in the Gazette. Extension of one month is available, but must be applied for before expiry of initial four month period.
- Grant or Sealing of Patent: If the application is not opposed or the opposition is decided in favour of the applicant or is not refused the patent is granted or sealed on payment of sealing fee within 6 months from the date of advertisement.
Rights of Patentee A patent grant gives the patentee the exclusive right to make or use the patented article or use the patented process. He can prevent all others from making or using the patented process. A patentee has also the right to assign the patent, grant licenses under, or otherwise deal with it for any consideration.
Renewal Fee Renewal fees are payable every year. The first renewal fee is payable for third year of the patents' life, and must be paid before the patents' second anniversary. If the patent has not been issued within that period, renewal fees may be accumulated and paid immediately after the patent is sealed, or within three months of its recording in the Register of the Patents.
Validity A patent lasts for fourteen years from the date of filing the complete specification (if an application is filed with provisional specification on January 1, 2011, and a complete specification is filed on January 1, 2012, the duration is counted from January 1, 2012). However, for food, drug and insecticide patents, the life is seven years from the date of complete specification, or five years from date of sealing, whichever is shorter.
A patent lasts for fourteen years from the date of filing the complete specification (if an application is filed with provisional specification on January 1, 2011, and a complete specification is filed on January 1, 2012, the duration is counted from January 1, 2012). However, for food, drug and insecticide patents, the life is seven years from the date of complete specification, or five years from date of sealing, whichever is shorter.
We offer the following services for Patent registrations:
- Consultation on the registration of Patent
- File Patent Registration Applications
- Patent Renewal Applications
- Investigate the status of registrations
- Trademark infringements
- Analysis of infringements
- Consultation on infringements
- Enforce Patent rights against infringer
- Filing and payment of renewal fees