What is PCT?

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PCT stands for Patent Cooperation Treaty. It is an international treaty for claiming one’s domestic priority in member countries of PCT. Through PCT one can file applications in countries of interest within 30 months of the priority date. Under the PCT system, a patent search report is provided and on demand a preliminary examination of… Read more »

How much time does it take for granting of a patent?

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Patent takes around 3 to 5 years to get a patent. A Patent is an exclusive monopoly rights granted by the Government to an inventor over his invention for a limited period of time. Patent is recognition to the form of intellectual property manifested in invention. Intellectual Property is the Property, which has been created by… Read more »

What are the steps in the registration process for patent?

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Following are the steps in the registration process – File a patent application in the IPO Patent application is published after 18 months or one has to request for early publication File a request for examination along with requisite fees within 48 months from date of filing-without the request the application will not be examined… Read more »

Where do I file my application for patent?

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Once the application has been drafted, one needs to file the patent application with the Indian Patent Office in the prescribed format and submit it along with the requisite fees. One can also file their patent application online. For more information log on to www.ipindia.nic.in. A patent in an exclusive right granted by a country… Read more »

What is the complete specification of patents?

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Once the patentability of the invention is established after a thorough prior art search, a patent application should be drafted. This document is known as the complete specification. It must comprise: Title of the invention indicating its technical field Abstract Prior art and drawbacks in the prior art (if any) Solution provided by the inventor… Read more »

What is expected from patentee as an obligation to the state?

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A patentee must disclose the invention in a patent document for anyone to practice it after the expiry of the patent or practice it with the consent of the patent holder during the life of the patent. For an invention to be patentable, the criteria of patentability are as follows: I. It should be novel:… Read more »

What is Patentability searches?

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Patentability search is a search for invention in hope of not finding the invention. The patentability search is an universal concept since inventions cannot be boundary constraint. But it is to be noted that the patent laws are territorial. Computer databases search is quick and relatively inexpensively. Database searches are most useful in searching sophisticated… Read more »

What is the Patent System of India?

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Intellectual Property Rights: Intellectual Property Rights are statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creator(s)/owner(s) to have the benefits from their work when these are exploited commercially. IPR are granted to an… Read more »

Is a patent granted in one country enforceable in other countries?

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There is nothing like a global patent or a world patent. Patent rights are essentially territorial in nature and are protected only in a country (or countries) which,has (have) granted these rights. In other words,-for obtaining patent rights in different countries one has to submit patent applications in all the countries of interest for grant… Read more »

Should application for patent be filed before or after publication of the details of the invention?

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No, publication of an invention in any form by the inventor before filing of a patent application would disqualify the invention to be patentable. Hence, inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed. Thus, it can be seen… Read more »