Understanding Patents
A patent is a legal right granted for a novel invention, providing the inventor exclusive rights to use, manufacture, and sell the invention for a certain period. Governed by the Patents Act, 1970, India’s patent regime encourages innovation while ensuring public access.
Types of Patents
Product Patent: Protects the invention of a product.
Process Patent: Protects the method of creating a product.
Design Patent: Protects industrial designs or new forms.
Steps to Apply for a Patent in India
Patent Search: Verify novelty through the Indian Patent Office.
Filing Application: File Form 1, 2, 3, and 5 with the Indian Patent Office.
Publication: Application is published after 18 months.
Examination: Request examination within 48 months.
Grant: Patent is granted if the invention meets patentability criteria.
Note: Certain inventions like scientific theories, natural substances, and methods of agriculture are not patentable.
FAQs
Q1: How long is patent protection valid in India?
A1: 20 years from the filing date.
Q2: Can a patent be transferred?
A2: Yes, through assignment or licensing.
Q3: Is there an online filing option?
A3: Yes, via the Indian Patent Advanced Search System.
Q4: Can software be patented in India?
A4: Only if it demonstrates a technical effect or innovation.
Q5: What happens if someone infringes a patent?
A5: Legal remedies include injunctions, damages, and accounts of profits.
