Patent laws in India

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Patent Meaning:

Patents are a right granted to an inventor that allows them to exclude all others from making, using, or selling their invention.  Patent usually refers to the right granted to anyone who invents something new, useful and non-obvious. Patents are also available for significant improvements on previously invented items.

Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region. In India, the Law of Patent is primarily governed by the Patent Act of 1970.

Protection offered by Patents:

  • Patents provide exclusive rights which allow the inventor to exclude others from using the invention;
  • Patent allows to control the sale or use of the invention;
  • Patent encourages the undertaking of further research, testing, effort and expenditure to develop a new product, method or process;
  • Patent offers a monopoly for the duration of your patent registration;
  •  Patent would result to bring royalty and revenue to the inventor.

Validity:

As per the Indian Patents Act, a patent is granted on a product, process or an invention for a limited period of 20 years. Hence, the life span for a patent in India is 20 years from the date of filing the patent application.

Once the patent granted expires, the patent protection also expires. And the invention will be available for the public and anyone can use the invention commercially too. It will not be an infringement of the patent.

Patent Types:

There are three major types of patents: 

  • Utility Patents – The most common type of patent, these are granted to new machines, chemicals, and processes.
  • Design Patents – Granted to protect the unique appearance or design of manufactured objects, such as the surface ornamentation or overall design of the object.
  • Plant Patents – Granted for the invention and asexual reproduction of new and distinct plant varieties, including hybrids (asexual reproduction means the plant is reproduced by means other than from seeds, such as by grafting or rooting of cuttings).

Note: This Post was last updated on July 28, 2021

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Sunita

Founder & Director | COO & CHRO at eTaxFinance | Content Writer at eTaxFinance Blog | Department Head for Intellectual Property & Startup Team | Head-Corporate Strategy and Planning