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What is  a Patent 

A Patent exists in  invention or creation of the patentee whihc has commercial explotation and it is not obvious.  Petent  will be granted if it is new, involving inventive step and capable of industrial application. However, it must not fall into the categories of inventions that are non- patentable under Section 3 and 4 of the Act. 

TYPES OF PATENT 

i. Product 
ii. Process 

PROCESS OF REGISTRATION 

  1. Filing of Provisional immediatley after invention
  2. Filing of Complete Application within 12 months after provisional application 
  3. Publication of Application 
  4. Request for Examination Report 
  5. Reply to Examination report and Hearing
  6. Grant of Patent 

TERM OF PATENT  

Term of every patent in India is 20 years from the date of filing of patent application. However, in case of applications filed under PCT the term of 20 years begins from International filing date. 

SECRECY OF PATENT 

All the patent applications are kept secret up to 18 months from the date of filing or priority date whichever is earlier and thereafter they are published in the Official Journal of the Patent Office

However, following applications are not published.
A) Application in which secrecy direction is imposed 
B) Application which has been abandoned u/s 9(1) and 
C) Application which has been withdrawn 3 months prior to 18 months.

 

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