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Patent Registration

Patent Registration


A patent is an exclusive right granted by the government to the inventor for an invention which is a new and inventive solution to an existing technological problem. The patent rights are granted for a limited period of time in exchange for complete public disclosure of the invention. Filing a patent in India is important as it restricts the contenders from copying, selling or importing the inventors’ creation without their permission, and it is valid for a period of 20 years from the date of application of the patent.

A patent, like any other intellectual property, can be transferred or sold by the inventor.

TYPES OF PATENT AND THEIR FORMS

        Form 1- Application for grant of patent

        Form2- Provisional/complete specification

        Form 3- Statement and undertaking under section 8 (this is only required         where a patent application is already filed in the country other than India)

        Form 5-Declaration as to inventor ship

        Form 28- Forms submitted only by start-ups and small entities.

PUBLICATION OF PATENT APPLICATION

Patent application filed with the Indian patent office will be published in the official patent journal. This is generally done after 18 months of filing the application. In case one wants to get it published earlier, he can make a request in form 9 for early publication. When a restriction is placed by the Indian patent act with regards to the publishing of the patent, the same will not be published in the journal. Patent Registration is a process under which an application is filed with the prescribed authority in order to register an invention in line with The Patent Act, 1970. With Patent Registration, an inventor will have the monopoly over his/her invention. Patent Registration application should be filed to avoid any dispute in future in relation to infringement

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