Patents

What it is?
Benefits
Who may apply?
Duration

What it is?
A patent is an official document given to an inventor by the Patent Office of the country in which a patent application is filed. This document gives the inventor the right to stop anyone else from copying, using, distributing or selling the invention without his permission.

Benefits

• Where the subject matter of the patent is a product, the exclusive right of making, using, offering for sale, selling or importing that product in India.
• Where the subject matter of the patent is a process, exclusive right of using the process; and using, offering for sale, selling, or importing the product obtained by that process in India.
• The right to obtain relief in respect of infringement of the Patent in the manner provided in the Patent Act, 1970.
• Registration to be prima facie evidence of validity of the proprietorship.

Who may apply?

• Any person claiming to be the true and first inventor of the invention.
• Any person being the assignee of the person claiming to be the true and first inventor on respect of the right to make an application.
• The legal representative of the deceased person who immediately before his death was entitled to file a patent application.

Duration

• The term of every patent granted is 20 yrs. from the date of application.
• Renewal to be effected annually before the expiry of the second year.