Patents
registration in India is a complicated process that requires
thorough knowledge of Indian Patent Act and other legal formalities. Once
registered, patents confer tremendous tangible and intangible benefits. It is
always required to get your inventions patented as soon as possible without
public disclosure of the same.
The starting point for the same
is to file a patent application at the concerned patent office of your
jurisdiction. After filing of the patent application, a request for examination
is required to be made by the applicant or by third party and thereafter it is
taken up for examination by the patent office.
Usually, the first examination
report is issued and the applicant is given an opportunity to correct the
deficiencies in order to meet the objections raised in the said report. The
applicant must comply with the requirements within the prescribed time otherwise
his application would be treated as deemed to have been abandoned.
When all the requirements are
met, the patent is granted and notified in the patent office journal. However
before the grant of patent and after the publication of application, any person
can make a representation for pre-grant opposition.
Once a patent is granted, a
patentee enjoys exclusive right to prevent a third party from an unauthorised
act of making, using, offering for sale, selling or importing the patented
product or process within the country during the term of the patent. A patented
invention becomes free for public use after expiry of the term of the patent or
when the patent ceases to have effect on account of non-payment of renewal fee.
Source: Corporate
Laws In India
