Patent

What is Patent?

A patent is a right granted to the owner of an invention that prevents others from making, using, importing, or selling the patented product/ process invention without his permission. A Patent is an intellectual property right and which gives exclusive rights to explain the same for a period of 20 years.

Why Patent required?

In the world of invention and innovation, patenting the invention is of vital importance. It also prevents others from commercially using your patented invention, thereby reducing competition and establishing yourself in the market as the pre-eminent inventor. The Patent owner can also exploit the patent rights by granting a license on a royalty basis.

Documents required for Patent?

  • (Form 1)Application form in duplicate – it includes information relating to the name and address of the inventor, name, and address of the applicant, and other declarations.
  • (Form 2)– The provisional or complete specification in duplicate. If you are filing the provisional specification, provide the complete specification which should be filed within 12 months.
  • The Complete specification should contain:-
    • Title of invention,
    • Introduction of invention,
    • Prior Art,
    • Brief description of the invention,
    • Drawings,
    • Description of drawings and claims.
  • Drawing in duplicate (if any). The drawing sheets attached should also contain the signature of an applicant or his agent in the right-hand bottom corner.
  • Abstract of the invention.
  • Information & undertaking listing the number, filing date & current status of each foreign patent application in duplicate (Form 3).
  • Priority document (on claiming priority date) in convention application, on the direction of the Controller.
  • Declaration of inventorship where the provisional specification is followed by the complete specification or in the case of convention/PCT national phase application (Form 5).
  • Power of attorney from the inventor.
  • Fees can be paid by cash/by cheque/by demand draft/ online.
  • All patent applications must bear the signature of the applicant or authorized person or Patent Attorney along with name and date.

What is the Geographical Indication?

  • It is an indication.
  • It originates from a definite geographical territory.
  • It is used to identify agricultural, natural or manufactured goods.
  • The manufactured goods should be produced or processed or prepared in that territory.
  • It should have a special quality or reputation or other characteristics

What do we mean by GI or Geographical Indication?

The Geographical Indications Act affords protection to goods that can be identified as originating or manufactured in the territory of a country or a region or locality in that territory where a given quantity, reputation, or other characteristics of such goods is essentially attributable to its geographical conditions. In the case where such goods are manufactured goods, one of the activities of production or of processing or preparation at goods concerned takes place in such territory or locality as the case may be. The term is initially for a period of 10 years and can be renewed from time to time.

Who can apply for the registration of a geographical indication?

  • Any association of persons, producers, organization, or authority established by or under the law can apply:
  • The applicant must represent the interest of the producers
  • The application should be in writing in the prescribed form
  • The application should be addressed to the Registrar of Geographical Indications along with the prescribed fee.