WHAT IS PATENT? A Patent is a monopoly right granted to person who has invented a new and useful article or an improvement of an existing article or a new process of making an article. It consists of an exclusive right to manufacture the new article invented or manufacture an article according to the invented process for a limited period. After the expiry of the duration of patent, anybody can make use of the invention.
Who can apply for a patent?
1. Any Person being the inventor of an invention or his assignee can apply alone or jointly with any other person.
2. Applicant of a application in a basic convention country can apply by himself or through his assignee.
WHAT IS PATENTABLE INVENTION?
Inventions not Patentable
Whether a Foreign National is competent to file patent application in India? Yes. A Foreign National residing abroad is not prohibited from making an application and obtaining the grant of patent in India.
Can a Firm or a Company apply for a patent? Yes. A Partnership firm, a Private or Public Ltd Company or a Corporation can apply for a patent. But they cannot invent and therefore cannot be termed as 'Inventor'. Hence such bodies can apply for patent as the assignee of the 'inventor' under the Indian Patents Act, 1970.
What are the stages for obtaining a patent? i) Specification ii) Examination of application iii) Advertisement and acceptance of complete specification in the Patent Gazette. iv) Opposition to the grant of patent, if any. v) Grant and sealing of the patent...
How long does it take to grant patent? At present on an average it takes about 3-4 years from the date of filing application.