Patent is a form of intellectual property that gives its owner the legal right to exclude others from making, using, selling, andimporting an invention for a limited period of years, in exchange for publishing and enabling public disclosure of the invention.In other words, a Patent is a right granted to an inventor by the Federal government that permits the inventor to exclude others from making, selling or using the invention for a period of time. The Patent system is designed to encourage inventions that are unique and useful to society.Patent does not give a right to make or use or sell and invention. Rather, Patent provides, from a legal standpoint, the right to exclude others from making, using, selling, offering for sale, or importing the Patented invention for the term of the Patent.
There are many benefits of Patenting something. Later have a look at these benefits:
An application for Patent for an invention may be made by any of the following persons, that is to say,-
- Covering letter- indicating the list of documents.
- Application for grant of Patent in Form 1 in duplicate.
- Complete or provisional specification in Form2 in duplicate.
- Statement and Undertaking in Form 3.
- Power of Attorney in Form 26 in original if filed through attorney.
- Declaration of inventor ship in form 5 in case of an Indian application.
- Request for examination in Form 18.
- Statutory Fees Payment.
Check if your invention is Patentable or not.
File an application for the Patent Registration.
Your application will be published by the Patent Officer.
After publishing the Application, the Application will be examined by the Patent Officer.
Once the Patent Officer is done with all the verification and is satisfied he will update the status of your application on the website of the Government of India. It takes around one year to get the Patent registration certificate.
An inventor or a person whom the inventor has assigned the rights or a representative of any deceased person who has invented something can apply for a Patent. All these entities are eligible for applying for filing Patent.
Patent is basically applied on inventions. On the other hand, copyrights are applied on literary works such as artistic works, books, videos, etc.
First of all, you have to check whether the invention that you have done is eligible for being Patented or not. Then you have to file an application for the Patentregistration. Then, your application will be scrutinized and will be verified by the competent authority and thereafter, your invention will be Patented.
It actually takes around one year to get the registration certificate of the Patent that you have applied for. It takes so long because the registration process passes through several departments.
The department may challenge the idea of the invention. It may say that the idea is not eligible for being Patented. Moreover, department may also challenge your Patent on the grounds that the same invention has been already been made.
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