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A patent is a form of Intellectual Property rights for an invention provided by the law for a limited span. The invention must be a new process and product involving an inventive step of being made and used in the industry can be registered as per Patent Act. Validity of patent registration is twenty years from the date of filing application and patenting an invention aids in making, selling or importing that product. Patent Registration applications are handled by The Patent Office, and Trademarks, Controller General of Patents.
Interesting facts about Kolkata while you take a break from patent information,
Kolkata is rich in artistic work. May it be painting or handicrafts or singing or poetry or writing or acting, Kolkata has always proved itself to be the best and unique in each field. Bengal’s cinema is popularly known as ‘Tollywood’ dates to the 1920s. This name is derived because of its location in Kolkata which is known as ‘Tollygunge’. The most famous among the film makers in Tollywood was Satyajit Ray, whose ‘Pather Panchali’ won an award in 1956 Canes Film Festival.
A provisional application is a temporary application which is filed when the invention is not finalized and is still under experimentation.
Advantages of filing a provisional application
However, in order for the patent to be granted, a provisional application must be followed by a complete specification within 12 months. Moreover, the provisional application should be sufficiently detailed and must be drafted very carefully to ensure that the priority rights are secured for your invention.
An application for patent filed in the Patent Office without claiming any priority of application made in a convention country or without any reference to any other application under process in the office is called an ordinary application. An ordinary application must be accompanied with a complete specification and claims.
An application for patent filed in the Patent Office, claiming a priority date based on the same or substantially similar application, filed in one or more of the convention Country is called a convention application. In order to get convention status, an applicant should file the application in the Indian Patent Office within 12 months from the date of first filing of a similar application in the convention country.
A PCT Application is an international application governed by the Patent Cooperation Treaty, and can be validated in up to 142 countries.
Advantages of filing a PCT Application
When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date (whichever is earlier).
When an applicant feels that he has come across an invention which is a slight modification of the invention for which he has already applied for or has obtained patent, the applicant can go for a patent of addition if the invention does not involve a substantial inventive step. There is no need to pay the separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.
When an application made by applicant claims more than one invention, the applicant on his own or to meet the official objection may divide the application and file two or more applications, as applicable for each of the inventions. This type of application, divided out of the parent one, is called a Divisional Application. The priority date for all the divisional applications will be the same as that claimed by the Parent Application (Ante-dating).
The reasons to register a patent are:
The procedure for Patent Registration is as follows:
A Patent is an exclusive right given to the inventor for his invention by the Government. In order to make the invention patentable following are the requirements:
The documents required for Patent e-filing in Kolkata are as follows:
The advantages for Patent Registration in India are as follows:
There is no patent protection valid worldwide.
An invention relating either to a product or process that is new, involving an inventive step and capable of the industrial application can be patented. However, it must not fall into the categories of inventions that are not – patentable under section 3 and 4 of the Act.
3. Who can apply for a patent?
A patent application can be filed either by the true and the first inventor or his assignee, either alone or jointly with another person. However, the legal representative of any deceased person can also make an application for patent.
The following criteria must be met:
i. It should be novel.
ii. It should have an incentive step or it must be non – obvious.
iii. It should be capable of industrial application.
Industrial applicability means that the invention must be practically feasible. The invention should be capable of being made or used in any kind of industry.
A complete specification is a final specification. It sets the boundary for the protection claimed by the invention. It must contain the formal claims and must be drafted meticulously with utmost care.
The date of filing the application for the patent is the priority date for that application.
PCT stands for Patent Cooperation Treaty is a mean of filing an international patent application. The PCT is recognized by as many as 150 countries.
Yes, a patent can be transferred in the way of a license or assignment.