Quick Summary
A patent is an exclusive right granted for an invention which is a product or process that provides a new way of doing something or offers a new technical solution to a problem.
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, usually 20 years.
Types of Patents in India
- Ordinary Patent: Standard application filed in India
- Convention Patent: Based on foreign application filed within 12 months
- PCT National Phase: Based on international PCT application
Requirements
- Novelty: Must be new, not disclosed publicly
- Inventive Step: Must not be obvious to skilled person
- Industrial Applicability: Must be useful and capable of manufacture
Patent Process
- Patent search and drafting
- Filing application with Indian Patent Office
- Publication after 18 months
- Request for examination within 48 months
- Examination and first examination report
- Response to objections
- Grant or refusal
Term and Renewal
Patent is valid for 20 years from filing date. Annual renewal fees must be paid from 3rd year onwards.
Key Points
- Exclusive rights for 20 years
- Must be novel, inventive, and useful
- Filing with Indian Patent Office
- Examination within 48 months of filing
- Annual renewal fees from 3rd year
- Can license or assign patent rights