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Know the procedure of Patent filing by the best Lawyers in Delhi

An invention is a product or a technique that, in general, provides an innovative way for doing something or presents a fresh technological solution to a specific issue. A patent is a unique right awarded for an invention.

PATENT

A patent is a sole right given by the government to the creator to prevent others from using, producing, and selling the invention for a set amount of time. The Latin word "patere," which meaning "to lay open" or "make available," is the source of the English word "patent." Any invention must pass three requirements in order to be patentable:

●       First and foremost, the invention must be novel, which implies that it cannot already be in use.

●       Second, the invention must not be obvious, which means that it must significantly improve on the prior invention; a simple shift in technique will not grant the inventor the right to a patent.

●       Thirdly, the invention must be beneficial in a bona fide manner, which requires that it not only be employed in lawful activities but also benefit society as a whole.

An invention classified as new if, on the date of submitting the application, any such invention is not known to the public in any form, i.e. oral, writing, or any other form. Anything that is already in the public domain is not considered to be inventive. The patent has a finite lifespan of 20 years, beginning on the date the patent application was submitted. A patent is a territorial right and it can only be functional in the country where it has been granted.

The exclusions on what can be patented in India were explicitly stated in Sections 3 and 4 of the Indian Patents Act, 1970. In India, there are requirements that must be met in order to receive a patent. They are:

●       Patent subject

●       Novelty

●       Inventive steps or non-clarity

●       Capable of industrial application

There are certain rights and obligations of the patentee which are mentioned below:

Rights of Patentee

●       Right to exploit patent

●       Right to grant license

●       Right to Surrender

●       Right to sue for infringement

Obligations of patentee

●       Government use of patents

●       Having compulsory licenses

●       Revocation of patent

●       Invention for defence purposes

●       Restoration of Patents

Procedure of Patent

Step 1: Write about inventions (ideas or concepts) in depth.

Step 2: A diagram, drawing, or sketch that explains the invention is required.

Step 3: Determine whether the invention qualifies as a patentable subject.

Step 4: Find a patent

Step 5: Publish a patent application

Step 6: Making the application public

Step 7: Submit an examination request

Step 8: Address the criticisms

Step 9: Objection resolution

Step 10: The application for the award will be submitted if all patent conditions have been satisfied. The Patent Journal, which is released on a regular basis, publishes notice of the grant of a patent.

A patent is a sole right given by the government to the creator to prevent others from using, producing, and selling the invention for a set amount of time.

Having a patent will allow the owner to prevent people acting without his permission from the process of creating, utilising, putting on the market, purchasing, or importing that commodity into India. The same rights apply to a product made using the process if the patent is for a process.

Having a patent boosts a company's worth since the patent holder now has exclusive rights to use the patented product or technique. These privileges prevent competitors from entering the market, increasing the patent holder's market share.

Rights of Patentee are:

●       Right to exploit patent

●       Right to grant license

●       Right to Surrender

●       Right to sue for infringement

Obligations of patentee are:

●       Government use of patents

●       Having compulsory licenses

●       Revocation of patent

●       Invention for defence purposes

●       Restoration of Patents

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