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What are the circumstances to obtain a prior permission from the Patent Office?

What are the circumstances to obtain a prior permission from the Patent Office?

The person is required to take prior permission from the Patent Office under following circumstances-

  • The applicant is Indian resident and invention is originated in India,
  • Applicant does not wish to file patent application in India prior to filing abroad.
  • If the applicant is Indian resident, a patent application has been filed in India and six weeks period is not yet over from that date
  • The invention relates to atomic energy or defence purpose.

A patent in an exclusive right granted by a country to the owner of an invention to make, use, manufacture and market the invention, provided the invention satisfies certain conditions stipulated in the law.

Exclusivity of right implies that no one else can make, use, manufacture or market the invention without the consent of the patent holder. This right is available only for a limited period of time. However, the use or exploitation of a patent may be affected by other laws of the country which has awarded the patent.

These laws may relate to health, safety, food, security etc. Further, existing patents in similar area may also come in the way. A patent in the law is a property right and hence, can be gifted, inherited, assigned, sold or licensed.

As the right is conferred by the State, it can be revoked by the State under very special circumstances even if the patent has been sold or licensed or manufactured or marketed in the meantime.

The patent right is territorial in nature and inventors/their assignees will have to file separate patent applications in countries of their interest, along with necessary fees, for obtaining patents in those countries.

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