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Patent Registration in India
Patent Registration in India

Patent

Any New Scientific invention with Industrial Applicability is entitled for obtaining a Patent Grant. It is a legal right given to the inventor of a particular good or service to either make or sell it for a particular period of time. It protects the inventor by prohibiting others from producing a product similar to the patented one. It also ensures the quality of the goods and services produced and protects the people from being deceived by falsely implicated goods and services. Patent law in India is governed by Patents Act, 1970.

Process Patent and Product Patent

Process patent is granted for a particular manufacturing process, which leads to the production of a product. Process patent provides lesser rights to the creator in that any other person can produce the same product by employing a different process, which leads to the production of a large number of the same goods through different processes. It is usually a strategy adopted by developing countries to increase the inventions produced in their country.

Product patent is granted for producing a particular product and not for the process involved in its production. It places the creator of the good at an elevated position, by confining the others from producing similar products even if they resort to a different production process. Product patents are usually followed by the developed countries as it indirectly becomes a method which can control the number of inventions produced in the country.

Steps for Registering a Patent

  1. Check whether the subject matter of the invention is patentable in our country.
  2. To verify the invention meets the basic requirements specified by the Patents Act.
  3. Prior Art Search
  4. Draft the patent application.
  5. Publish the application in the government website.
  6. Request for an examination and keep a track if the invention has received any objection.
  7. If an objection has been incurred, then legal assistance is required in clearing the objection.
  8. Patent Granted

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