A patent application can be filed through Abi Accounts by an inventor either alone or jointly with any other person. The application can be submitted to the Indian Patent Office with either a provisional specification or a complete specification.
If the invention is not yet complete, one may file a provisional specification, also known as a provisional application. This helps in establishing a priority date and gives the applicant sufficient time to evaluate the market potential of the invention before filing the complete specification. The complete specification must be filed within 12 months of the provisional filing, with no extension granted beyond this period.
There are four patent offices in India, each with separate territorial jurisdiction. The appropriate office for all proceedings, including filing, is usually based on where the applicant resides.
The applicant is required to furnish a drawing of the invention if needed by the nature of the case. The drawing must clearly show all features of the invention, and the sheets should be numbered. Black and white drawings are generally accepted.
An invention is patentable if it satisfies the following conditions:
An international application may be filed at the national patent office or directly with WIPO, complying with the PCT formality requirements and fees.
The International Search Authority (ISA) identifies published patents that may influence whether your invention is patentable.
After 18 months from the priority date, the contents of your international application are published globally.
The Indian Patent Office conducts the International Preliminary Examination upon receiving the prescribed fee.
After the international process, you may begin pursuing patents in specific countries by applying directly to their national patent offices.
A patentee enjoys exclusive rights over the invention and may assign the patent or grant licenses to others.
A patent provides legal protection for inventions. The certificate of registration and the entries made therein serve as prima facie evidence in court.
Patents are a type of intellectual property used to identify and distinguish the nature of an invention. The Patent Act provides exclusive rights to the patentee.
A patent owner can prevent others from making or selling the patented product, increasing demand and creating market exclusivity.
Registered patents foster a sense of trust and quality among customers and enhance brand credibility.
Registered patents help inventors gain exposure to international markets.
The applicant can start using the R Symbol once the trademark is registered.
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