Patent Act

Written by Saptaparni Raha, Lawyer

Introduction:

An innovation is granted an exclusive privilege known as a patent. An invention is, generally speaking, a thing or a method that offers a fresh approach to achieving something. Technical details about the innovation must be made public in a patent application if you wish to obtain one.

Salient Features:

• You can protect not only your product but also the process under this act.

• Your innovation must be helpful and novel.

• Innovation should be used in the industry.

• A patent is granted for 20 years under the act and can be renewed.

• You can request a patent examination.

Procedure To Be Followed To Grant A Patent:

• Any person who is the first creator of his innovation can ap,ply for a patent.

• Any deceased can apply for a patent from a legitimate agent.

• You may file your patent application through Form 1 accompanied by either provisional or complete specification in Form 2.

• The application should be published after the expiry of 18 months from the priority date. Inventors need not pay any fees.

• After this, the examiner will check the patentability criteria once the controller sends the patent application to the examiner.

• Once your application meets all the criteria, the patent will be granted to you.

• There are two types of grants,i.e. pre-grant and post-grant. Anyone can file an opposition interested in the field of innovation in form 7 within 12 months with the prescribed fee, from the date of publication.

Conclusion:

A patent protects the intellectual property of many inventors in India which helps in the growth of commerce and technology in our country.

References:

• Sonu Arvind Chaturvedi, Patent Law-Salient Features and Upgradation (ejusticeindia)

• Monika Verma, Law of Patent: Securing Intellectual Property (iPleaders)

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