PATENT PROTECTION

Intellectual Property Rights | PATENT PROTECTION

An Intellectual Property Rights Patent protection can be obtained by patent registration in the Intellectual Property Office. For patent protection, the invention should be novel, non obviousness, with inventive step and industrial capability. The procedure involves the following formalities to obtain the patent protection. It involves the submission of application with complete specification, examination of application, acceptance of complete specification, opposition to grant of patent, grant and sealing of patent. 

Application can be applied by any person claiming to be true and first inventor of the invention or assignee of the person claiming to be true and first inventor of the invention or legal representative of any deceased person. As well as application can be applied by jointly by above said person.

During patent protection, for each invention separate application has to be applied in the patent office by the applicant with the respective patent fee. Patent application shall be accompanied with provisional or a complete specification.The provisional specification contains only a general descriptive of the invention, field of the invention and prior art information without claims. The complete specification contains full description of the invention with all the claims which seeks the monopoly right. 

Patent protection seeks from the filing date and after applying the provisional application, the complete specification shall be applied within twelve months from the filing date of the provisional application. If the applicant desires extension, then three months extension can be given by paying the fee by the applicant. 

Applicant shall request for early publication, and then the patent application will be published in the patent office journal within one month. If the request is not made then patent application will be published after eighteen months. Once patent is published then, other parties can oppose with the help of any prior document related to the applicant's invention. It is said to be pre grant opposition where, patent is opposed before grant of patent. 

 The applicant must request for examination of application for patent within 48 months from the date of filing the application for patent protection. Once patent application has been published, and then the first examination report shall be sent to the applicant after six months from the published date by submitting the request for examination. 

When the applicant receives the first examination report, then he shall amend the attachments, whatever queries said by the examiner within twelve months from the examination report received date. After submission of the relevant amendments enclosed by the applicant in the patent office, the controller will start to evaluate the patent with respect to patent act 1970.

Then the patent is granted to the applicant, and then the applicant will become patent holder or patentee. If there is any opposition after patent grant then it is said to be post grant opposition. Then the patent protection becomes effective from the filing date of complete/ provisional specification. The date of every patent with applicant and inventors details will be entered in the register. Then the patentee shall pay patent renewal fee for every year.