A Patent is a statutory right for an invention granted for a limited period of time to the patentee by the Government, in exchange of full disclosure of his invention for excluding others, from making, using, selling, importing the patented product or process for producing that product for those purposes without his consent.
Validity & Duration – Patent protection is valid within Indian Territories. There is no concept of global patent. The term of every patent granted is 20 years from the date of filing of application. However, for application filed under national phase under Patent Cooperation Treaty (PCT), the term of patent will be 20 years from the international filing date accorded under PCT.
In India there are four patent offices located – Kolkata, New Delhi, Mumbai and Chennai. Each office has a separate territorial jurisdiction.
An invention is patentable subject matter if it is novel, it should have inventive step or it should be capable of Industrial application. It is advisable not to publish or publicly display your invention as due to lack of novelty, it may face challenges in the patent application. An application for patent can be filed either in Hindi or English.
The types of patent applications are –
Our Values & Focus
- PROVISIONAL APPLICATION – A provisional application is temporary application which can be filed if the invention is still under experimentation. It provides the advantage to the inventor since it helps in establishing a priority date of the invention. The inventor gets more 12 months to fully develop the invention and to file the complete requirements
- ORDINARY APPLICATION – An ordinary application for patent filed without claiming any priority either in a convention country or without any reference to any other earlier application under process in the office.
- CONVENTION APPLICATION – A convention application for patent filed with the intension of claiming a priority date based on the same or substantially similar application filed in one or more of the convention countries.
- PCT INTERNATIONAL APPLICATION – An Application filed in India under Patent Cooperation Treaty is an international application which can be filed in more than 150 countries by a single application.
- PCT NATIONAL PHASE APPLICATION – When an international application is made according to PCT designating India, an applicant can file the national phase application in India within 31 months from the international filing date or the priority date, whichever is earlier.
- PATENT OF ADDITION – When an invention is a slight modification of the earlier invention for which he has already applied for or has obtained patent, the applicant can go for patent of addition if the modification in the invention is new. One of the benefits of filing patent of addition is that there no need to pay separate renewal fee for the patent of addition during the term of the main patent and it expires along with the main patent.
- DIVISIONAL APPLICATION – When an application claims more than one invention, the applicant on his own may divide the application and file two or more applications, as the case may be for each of the inventions. The priority date for these applications is similar to that of the parent application.
We at Mumbai Filings, would require complete details, specifications of your invention to be filed for patent application. The process may require proper and specific drawings, examples, photographs diagrams, minute technical details, etc.
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