A patent is a statutory right granted to an inventor for an invention under the Patents Act, 1970. It provides the inventor with the exclusive right to make, use, sell or import the patented product or process for a limited period.
In return, the inventor must fully disclose the invention to the public. During the protection period, others cannot commercially exploit the invention without the patentee’s permission.
Patent rights can be licensed, assigned or commercially exploited. Once the patent term expires the invention enters the public domain and becomes freely available for use making guidance from patent law firms in Noida essential for proper protection and compliance.
Patent protection in India is granted for 20 years from the date of filing of the application.
For applications filed through the Patent Cooperation Treaty, the term is 20 years from the
international filing date.
No. Patent protection is territorial, meaning a patent granted in India provides protection only
within India.
However, an applicant may seek protection in other countries by filing applications in convention
countries or through the Patent Cooperation Treaty within 12 months from the Indian filing date.
An invention can be patented if it satisfies the following conditions:
The invention must also not fall under the non-patentable categories specified in Sections 3 and
4 of the Patents Act, 1970.
A patent application may be filed by:
To qualify for patent protection, an invention must:
The following categories are not patentable:
A patent application should be filed as early as possible. Filing a provisional application helps secure the priority date of the invention while giving the inventor 12 months to file the complete specification. Delays may result in loss of novelty if the invention is disclosed publicly which is why consulting patent law firms in Noida at an early stage is highly recommended.
Generally, once an invention has been published or publicly disclosed, it cannot be patented due
to lack of novelty. However, the Patents Act, 1970 provides a limited 12-month grace period in certain situations such as:
Yes. Patent applications remain confidential for 18 months from the filing or priority date. After this period, the application is published in the Patent Journal and becomes available for public inspection.
The following types of patent applications may be filed in India:
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