Patents
registration in India is a complicated process that
requires thorough knowledge of Indian Patent Act and other legal
formalities. Once registered, patents confer tremendous tangible and
intangible benefits. It is always required to get your inventions
patented as soon as possible without public disclosure of the same.
The starting point for the same is to file a patent
application at the concerned patent office of your jurisdiction.
After filing of the patent application, a request for examination is
required to be made by the applicant or by third party and thereafter
it is taken up for examination by the patent office.
Usually, the first examination report is issued and
the applicant is given an opportunity to correct the deficiencies in
order to meet the objections raised in the said report. The applicant
must comply with the requirements within the prescribed time
otherwise his application would be treated as deemed to have been
abandoned.
When all the requirements are met, the patent is
granted and notified in the patent office journal. However before the
grant of patent and after the publication of application, any person
can make a representation for pre-grant opposition.
Once a patent is granted, a patentee enjoys
exclusive right to prevent a third party from an unauthorised act of
making, using, offering for sale, selling or importing the patented
product or process within the country during the term of the patent.
A patented invention becomes free for public use after expiry of the
term of the patent or when the patent ceases to have effect on
account of non-payment of renewal fee.
