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| What is Patents? |
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A patent is a monopoly right granted by the government to a person for his
or her inventions for a limited period.
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| What are
the rights for the patent holder? |
- exclusive right to manufacture the new article
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| Who can apply
for a patent? |
- Any person being the inventor of an invention or
his assignee can apply alone or jointly with any other
person
- Applicant of a application in a basic convention
country can apply by himself or through his assignee.
- Applicant of a basic application in a basic convention
country can apply by himself or through his assignee.
- A Partnership firm, a private or a public limited
Company or a Corporation can apply for a patent. But
they cannot invent and therefore cannot be termed
as 'inventor' .Therefore only Individuals could be
termed as 'Inventor'.
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| What is a
patentable invention? |
As per the Indian
Patents Act, 1970 invention means any new or useful -
- art , process , method or manner of manufacture,
- machine ,apparatus or other article,
- Substance produced by manufacture and includes any
new and useful improvement of any of them and alleged
invention.
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| Whether
a Foreign National is competent to file patent application
in India? |
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Yes .A Foreign National residing abroad is not prohibited from making an application
and obtaining the grant of patent in India
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| Whether the
'prior sale' can be made before filing patent application?
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No. The invented article must not be put in the market for sale or be physically
sold under the invoice before filing patent application
in the patent office. Otherwise the invented article
or process will loose novelty to create sufficient grounds
for invalidating the chances of getting a patent. Hence
the novelty in the invention is lost if the article
is demonstrated , worked or sold .Therefore it is advisable
not to commence the commercial marketing of an invented
article before applying for patent.
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| What
are the stages for obtaining a patent? |
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- Submission of application accompanied by either
a provisional or complete specification. Registration
of a patent may be done by filing an application in
the prescribed from after filling the prescribed from
i.e. Form-1
the Patent Act,1970 [forms can be supplied or
provided on request]
- Advertisement and acceptance of complete specification
in the Patent Gazette.
- Opposition to the grant of patent, if any. may
be done by filing an application in the prescribed
from after filling the prescribed from i.e. Form-54
the Patent Act,1970 [forms can be supplied or
provided on request]
- Grant and sealing of the patent. may be done by
filing an application in the prescribed from after
filling the prescribed from i.e. Form-22
the Patent Act,1970 [forms can be supplied or
provided on request]
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| How long
does it take to grant patent? |
| At present on an
average it takes about 4-5 years from the date of filing
application .It may be reduced in future because of computerization
of Patent offices. |
| What is
a specification? |
| A patent specification
is a technical document describing the invention. A specification
may be either provisional or complete. Provisional specification
gives the initial description of an invention when the
application is filed .A complete specification gives full
and sufficient of an invention. |
| What
is meant by 'term of a patent'? |
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The term of the patent is meant
for duration of the validity of the patent.
- The term of patent will be FIVE years for food,
drug, and medicine cases from its sealing date of
seven years from the date of patent whichever is shorter.
- The term of patent in respect of other inventions
will be FOURTEEN years from the date of patent (i.e.
date of filing complete specification).
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| What are
the documents to be accompanied in the patent application?
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Application for patent is made
on the prescribed form along with the following documents.
- Power of Attorney in favor of a person acting as
a Patent Agent (this is not necessary in case if the
application is filed by the applicant himself /themselves.
- A PROVISIONAL or COMPLETE specification in triplicate
describing the invention.
- Drawings in triplicates (if any)
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| Is it possible
to take legal action for 'infringement of patent' during
the pendency of a patent application? |
| No. It is not possible
to initiate legal action against the infringers during
the pendency of patent application Copyright can claim
by the applicant for such patent drawings than take legal
action for 'infringement of copyright' in the engineering
drawings which accompanies the patent specification. |
| What
are the documents to be accompanied in the patent
application? |
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Application for patent is made
on the prescribed form along with the following documents.
- Power of Attorney in favor of a person acting as
a Patent Agent (this is not necessary in case if the
application is filed by the applicant himself /themselves.
- A PROVISIONAL or COMPLETE specification in triplicate
describing the invention.
- Drawings in triplicates (if any)
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| What is
Design? |
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A design is something which is applied to an 'article' and further such article
should have 'appeal and to be judged solely by the eye'.
The appearance of such design must be striking and it
should be 'new or original '. Hence a design in order
to be entitled for registration under the Designs Act,
2000 must be either new or original but not previously
published in India. Therefore 'novelty' and 'originality'
are important in a design for registration. |
| Address
and jurisdiction of the offices of the patent office |
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| Place
where the office of the Trademark located |
Jurisdictions
of Trade Mark Office |
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| 1.Mumbai
Head Office |
The
States of Gujarat,Maharashtra , Madhya Pradesh and
Goa and the Union Territories of Daman and Diu and
Dadra and Nagar Haveli. |
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| 4.
NCT Delhi |
The States of Haryana
, Himachal Pradesh ,Jammu and Kashmir , Punjab ,
Rajasthan , Uttar Pradesh and Delhi and the Union
Territory of Chandigarh |
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5. Chennai |
The States of Andhra
Pradesh , Karnataka , Kerala , Tamilnadu & Pondicherry
and the Union Territories of Laccadive , Minicoy
and Aminidivi Islands. |
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