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PATENT

PATENT REGISTRATION IN INDIA

An application is to be made under The Patents Act and The Patents Rules. The following documents are required for the filing of the Application:

  1. Application for Grant of Patent
  2. Drawings in Support of the Application
  3. Declaration of Inventor
  4. Claim of Priority, if any
PUBLICATION AND REPRESENTATION

The application of a patent shall be published in the official gazette, 18 months from the date of filing. In case priority is claimed there will be publication to that effect. Publication allows third parties to file representations of Opposition.

An Examination is carried out by the Patent Office and where necessary, the applicant may have to make suitable amendments in the complete specification in order to meet the objections.

Grant of Patent and Post Grant Opposition

With the completion of the formalities, the Patent Office issues a notice intimating grant of the Patent. Subsequently, the Letters Patent will be issued.

After the grant of the Patent, post publication of the same in the Journal, it will be open to Interested Persons to oppose the grant.

PCT National Phase Filing

India being a member of the WTO and a Party to the Paris Convention allows for the filing of Patent Application based on Priority Claim in the member countries.

PCT allows for National Phase filings where India is a Designated Country in the International Application.

Rights

A Patentee gets the exclusive monopolistic rights to make, offer for sale, selling and importing of the protected articles, and also the option to license.

Compulsory Licensing

An Interested Person on prescribed grounds, and only upon expiry of 3 years from the date of the grant can file and application for Compulsory Licensing of the Patent.

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