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Advocate & Intellectual Property Attorney
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Manish M. Bhagnari

B.Com. & LL.B.

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Patents

Important Points About Patents

   1. A patent is an exclusive right granted by the State for an invention that is new,                    involves an inventive step and is capable of industrial application.

  2.  A patent is granted by the national patent office of a country or a regional patent            office for a group of countries.

  3.  It is valid for a limited period of time, generally for 20 years from the date of filing of the        patent application, provided the required maintenance fees are paid on time.

  4. A patent is a territorial right, limited to the geographical boundary of the relevant             country or region.

  5.  Patents provide incentives to individuals by offering them recognition for their creativity and            material reward for their marketable inventions. These incentives encourage innovation,                which assures that the quality of human life is continuously enhanced.

  6.  Patent protection means that the invention cannot be commercially made, used, distributed          or sold without the patent owner’s consent.

  7.  A patent owner has the right to decide who may – or may not – use the patented invention for         the period in which the invention is protected.

  8.  The patent owner may give permission to, or license, other parties to use the invention on             mutually agreed terms.

  9.  The owner may also sell the right to the invention to someone else, who will then become             the new owner of the patent.

10.  Once a patent expires, the protection ends, and an invention enters the public domain, that           is, the owner no longer holds exclusive rights to the invention, which becomes available to           commercial exploitation by others.




PATENT APPLICATION PROCEDURE

INVENTIONS WHICH CANNOT BE PATENTED