A patent is a statutory right given to an inventor of a new product or process. It is a territorial right and as per the Patents laws in India, a patent can be granted to an invention only if it is new, non-obvious and is of industrial applicability.
A patent safeguards the invention from any unauthorized usage, protecting it as a property of the owner for a term of 20 years, after which, the intellectual property goes to public domain.
Any person who is the true and first inventor of an invention or their assignee as well as the legal representative of a deceased person who was entitled to file such an application immediately before their demise may file an application for grant of Patent.
No application is ordinarily open to the public for a prescribed period, at the expiry of which it is published. The application shall not be published if a secrecy direction is issued, or it was withdrawn prior to 3 months before the expiry of the above-mentioned period.
After publication of the application, any person whose interest is affected adversely may file a request in writing to the controller and oppose the grant of patent.
No examination of an application is made unless the same is requested by the applicant. A request for examination has to be filed within the prescribed period. Once the request for examination is filed, the examiner will conduct an investigation as to the patentability of the invention and prepare a report thereto. This report is called the First Examination Report, and the applicant then has to respond to the objections mentioned in the report.
Upon review of the repsonse, the examiner may issue subsequent examination reports. The applicant will need to respond to these reports and may also need to appear for a hearing if a hearing is appointed by the examiner.
Once all the objections are overcome, the patent is finally granted and published in the Patent gazette.
Once granted, a Patent must be renewed every year by paying a renewal fee. In India, a Patent can be renewed for up to 20 years.
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