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By : Hemant Kumar 08ESMIT021

What is Patent ?
The term patent usually refers to an exclusive right granted to anyone who invents any new, useful, and non-obvious process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof, and claims that right in a formal patent application. Patent enables its owners to exclude from making, using and selling its inventions.

What is Patentable?
Only inventions are patentable. An invention must be new, useful and must involve inventive steps compared to closest prior art. A new and unobvious product, process, apparatus or composition of matter will generally be patentable.

Why one should go for a patent?

To enjoy the exclusive rights over the invention. If the inventor does not get the patent rights over his invention and introduce his product /process based on his invention in the market, any body can copy his invention and exploits it commercially . To debar others from using, selling or working out his invention, the inventor must go for getting a patent.

Term of patent

The term of patent is for twenty years (20), provided the maintenance fee is paid at the end of every year.

Documents required for filling a patent application

1. 2. 3. 4. 5. Application Form (form 1), Specification (Provisional/Complete) [Form 2], Drawings (if any), Undertaking under section 8 (form 3), and Power of Authority (if the patent application is filed through a patent attorney)

What happens to the application after filing?

Initially, a patent examiner examines the patent applications and then communicates the objections, if any, to the applicant via first examination report. The applicant has to meet up with the compliance of the patent office within specific time frame, if the applicant fails in doing so the application shall be abandoned. Otherwise the application is published in the patent gazettes issued by the patent office. The said published application is open public perusal and opposition. If there is no opposition the patent shall be granted.

How does a patent get expire?

A patent can expire in the following ways: 1. The patent has lived its full term i.e. the term specified by the patent act of the country. Generally it is 20 years from the date of filing. 2. The patentee has failed to pay the renewal fee.

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