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Guidelines
for registration of your Patent
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Process patent or patent for
'invention':
A patent is granted for an ' invention'
which means any new and useful 'art, process ,method
or manner of manufacture'. You are entitled to file
patent application for an invented article or
process for manufacturing if the process is
considered as 'invention' .Then only your
manufacturing process is patenable .A patent is a
monopoly right from the government conferred on the
grantee for a limited period an exclusive right to
make , use or sell his invention and also authorize
others to do so. It will be operative in the whole
of India under the Patent Act ,1970. .
Term of patent:
The term of patent will be 5 years for food, drug ,
or medicine cases from its sealing date of 7 years
from the date of patent whichever is shorter , in respect
of any other inventions the period will be 14 years
from the date of patent. After the said years it
will become public juris i.e. becomes public.
Who can apply for a patent:
i) Any person being the inventor of an invention or
his assignee can apply alone or jointly with any
other person.
ii) A Firm or Company or a Corporation cannot apply
as an inventor because such corporate bodies cannot
invent and therefore cannot be termed as inventor
.The employees or associates (one or two persons
jointly ) can be recognized as inventor.
iii) But you have to name the inventors but your
corporation will be the owner of the patent. For
example in many companies there is Research and
Development Wing by employing a team of technicians
for researching and they invent a process either
single or jointly .In such case the company or
corporation may apply for the patent and patent
right stands in the name of the company. But the
name of the inventors should be brought on the
patent documents.
Requirements of filing patent:
Furnish the following :
(i) Name of the Inventors
ii) Name of the Applicant -whether it is a
Corporation or Company constituted under which act.
iii) Address of the Applicant
iv) Title of the Invention
v) Provisional or Complete Specification of patent
vi) Drawings if any
Contents of Provisional or Complete
Specification:
This specification should contain objects ,
statement of claims , drawings if any .The complete
specification shall contain the following
paragraphs.
i) Introductory paragraph of the invention
ii) Statement of prior art or process if known to
the applicant and the drawbacks of such present
state of art or process.
iii) Objects of the invention
iv) Statement of claim
v) Details of invention (paragraph wise) with
reference to the diagram and drawings, if any.
Drawings:
Drawings should be in triplicate and the original
shall be on tracing cloth or transport or
semitransparent sheet or films made of plastics
measuring 33 x 20.5 CM or 41 CM with a clear margin
of 1.5 CM width all around. Duplicate and triplicate
can be Xerox copies. In the Top Left Corner the
title of the invention should be mentioned .Diagrams
should be clearly numbered such as Fig-1,Fig-2
etc.In the Right bottom applicant's name should be
signed within bracket the name should be mentioned
in BLOCK LETTERS.
Stages of patent Application:
i) Filing of Patent Application:
ii) Examination and acceptance of patent application
iii) Advertisement in the Official Patent Gazette
and opposition proceedings ,if any (within 4 months
from the date of advertisement)
iv) Sealing of patent (the whole process will
complete within the period of 4 to 5 years) .
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