Filing Patents In Inida

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Hemanth Haridas

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Patents are a type of techno-legal document that describes novel, unique, and industrially applicable inventions. A request for the issuance of a patent for an invention created and detailed in the patent specification is known as a patent application. a) Novelty: Before submitting the patent application in India, the subject matter specified in the specification was not published in India or anywhere else. b) Inventive Step: A person who is experienced in the art would not recognize the invention in light of the earlier publication, knowledge, or document. c) Industrial Applicability: In order to be produced or used in the industry, an invention must have some sort of utility. DOCUMENTS REQUIRED FOR PATENT REGISTRATION: 1. (Form 1) Application form for the grant of patent in India. 2. (Form 2) If a provisional specification is submitted, it must be followed within a year by a complete specification. Provisional or complete specification of patent in duplicate. 3. (Form 3) Information and undertaking listing each foreign patent application's number, filing date, and current status in duplicate. 4. Priority document (if the priority date is claimed) in convention application, when directed by the Controller 5. (Form 5) When a complete specification follows a provisional specification, or in the event of a convention or PCT national phase application, an inventor declares their invention ADVANTAGES OF REGISTERING A PATENT 1. A patent serves as a means of supporting innovations and inventions. The invention or concept belongs to the applicant after they receive the patent. 2. A business must register for a patent because a patent prevents competitors from stealing, selling, or importing the intellectual property without authorization. 3. In support of the current legislation, the patent holder can thereby defend his patent rights. a) Like other types of property, patents can be bought, sold, or licensed. b) Ownership of the patent may also be transferred by the inventor. c) A patented product enhances brand recognition and can allow the company to charge more. d) With exclusive patent rights, the inventor has long-term control over how the innovation is used. e) Under the International Patent Protection Scheme, the government would cover up to Rs. 15 lakhs (or 50% of the total cost) of an MSME's international patent filing. TRADEMARK: 1. A trademark is a symbol that can be used to separate the products or services of one company from those of other companies. Intellectual property rights provide protection for trademarks. 2. A trademark registration grants the owner of the trademark the sole right to use it. This suggests that the trademark may be used solely by its owner or may be licensed to a third party for use in exchange for payment. COPYRIGHT: 1. The legal term "copyright" (sometimes known as "author's right") is used to refer to the ownership rights that authors and other artists have over their creative works.

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